Qualls et al v. Small Business Administration et al
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
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
LOREN QUALLS, THEKARMICLEAF, a
Limited Liability Company,
NOTICE OF VOLUNTARY DISMISSAL
WITH PREJUDICE UNDER FED. R. CIV. P.
(Doc. No. 6)
SMALL BUSINESS ADMINISTRATION,
an independent agency of the federal
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
(Doc. No. 4)
Pending before the Court is the Relator’s Notice of Voluntary Dismissal filed January 11,
2023. (Doc. No. 6). Relator file a notice to dismiss the instant action without prejudice. (Id.)
(emphasis added). Federal Rule of Civil Procedure 41(a)(1)(A)(i) permits a plaintiff to “dismiss an
action without a court order by filing . . . a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment.” Id. As of the date of this order, no Defendant
entered either an answer or a motion for summary judgment. (See docket). Further, the United
Case 1:22-cv-00511-JLT-HBK Document 7 Filed 01/17/23 Page 2 of 2
States has not intervened in this action. Based on the Relator’s notice, this action is terminated by
operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The
voluntary dismissal moots the Relator’s pending motion for summary judgment.
In its Consent to Voluntary Dismissal, the United States requests the following documents
be unsealed: the Relator’s Complaint, the Relator’s Notice of Voluntary Dismissal, the United
States Notice of Consent, and this Order. (Doc. No. 5 at 2). Local Rule 141(f) permits the Court
upon a finding of good cause to unseal documents either upon the motion of any person or upon
the Court’s own motion. The Court finds good cause to unseal all documents in this case.
Accordingly, it is ORDERED:
1. The motion for summary judgment filed on behalf of Relator (Doc. No. 4) is MOOT.
2. The Clerk of Court shall terminate all pending deadlines and CLOSE this action to
reflect Relator’s Notice of Voluntary Dismissal consistent with Fed. R. Civ. P. 41(a)(1)(A)(i).
3. The Clerk of Court shall UNSEAL all documents in this case.
January 17, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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