Qualls et al v. Small Business Administration et al

Filing 7

ORDER re: 6 Notice of Voluntary Dismissal; ORDER MOOTING 4 Motion for Summary Judgment, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/17/2023. The Clerk of Court shall UNSEAL all documents in this case. CASE CLOSED. (Rivera, O)

Case 1:22-cv-00511-JLT-HBK Document 7 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
LOREN QUALLS, THEKARMICLEAF, a
Limited Liability Company,

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Plaintiffs,
v.

No. 1:22-cv-00511-JLT-HBK
NOTICE OF VOLUNTARY DISMISSAL
WITH PREJUDICE UNDER FED. R. CIV. P.
41(a)(1)(A)(i)
(Doc. No. 6)

SMALL BUSINESS ADMINISTRATION,
an independent agency of the federal
government; SUPPLEMENTAL
TARGETED ADVANCE PROGRAM, a
non-for-profit initiative, Isabella Guzman,
Antwan Griffin, Mark Lingren, Diedra
Henry-Spires, Major Clark, Kendall
Corely, Francisco Sanchez, and June Healy

ORDER MOOTING MOTION FOR
SUMMARY JUDGMENT
(Doc. No. 4)

Defendants.

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Pending before the Court is the Relator’s Notice of Voluntary Dismissal filed January 11,

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2023. (Doc. No. 6). Relator file a notice to dismiss the instant action without prejudice. (Id.)

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(emphasis added). Federal Rule of Civil Procedure 41(a)(1)(A)(i) permits a plaintiff to “dismiss an

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action without a court order by filing . . . a notice of dismissal before the opposing party serves either

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an answer or a motion for summary judgment.” Id. As of the date of this order, no Defendant

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entered either an answer or a motion for summary judgment. (See docket). Further, the United
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Case 1:22-cv-00511-JLT-HBK Document 7 Filed 01/17/23 Page 2 of 2
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States has not intervened in this action. Based on the Relator’s notice, this action is terminated by

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operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The

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voluntary dismissal moots the Relator’s pending motion for summary judgment.

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In its Consent to Voluntary Dismissal, the United States requests the following documents

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be unsealed: the Relator’s Complaint, the Relator’s Notice of Voluntary Dismissal, the United

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States Notice of Consent, and this Order. (Doc. No. 5 at 2). Local Rule 141(f) permits the Court

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upon a finding of good cause to unseal documents either upon the motion of any person or upon

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the Court’s own motion. The Court finds good cause to unseal all documents in this case.

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Accordingly, it is ORDERED:

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1. The motion for summary judgment filed on behalf of Relator (Doc. No. 4) is MOOT.

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2. The Clerk of Court shall terminate all pending deadlines and CLOSE this action to

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reflect Relator’s Notice of Voluntary Dismissal consistent with Fed. R. Civ. P. 41(a)(1)(A)(i).

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3. The Clerk of Court shall UNSEAL all documents in this case.

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Dated:

January 17, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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