Crius Corp v. Home Depot, U.S.A., Inc. et al

Filing 10

ORDER re: Notice of Voluntary Dismissal, signed by Magistrate Judge Erica P. Grosjean on 11/13/2023. CASE CLOSED.(Maldonado, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CRIUS CORP,

12

Case No. 1:23-cv-01479-ADA-EPG
Plaintiff,

13

v.

14

ORDER RE: NOTICE OF VOLUNTARY
DISMISSAL

HOME DEPOT, U.S.A., INC., et al.,
(ECF No. 9)

15

Defendants.

16
This matter is before the Court on Plaintiff’s notice of voluntary dismissal (ECF No. 9),

17
18

which states that “[t]his action is dismissed by the Plaintiff(s) in its entirety,” and is made

19

pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendants have not filed an

20

answer or a motion for summary judgment.1 In light of the voluntary dismissal, this action has

21
22
23
24

been terminated, Fed. R. Civ. P. 41(a)(1)(A)(i), and has been dismissed. See Wilson v. City of San
Jose, 111 F.3d 688, 692 (9th Cir. 1997).
\\\
\\\
\\\

25
26
27
28

1

The notice of voluntary dismissal does not specify whether the dismissal is with or without prejudice.
The Court notes that Rule 41(a)(1)(B) provides as follows: “Unless the notice or stipulation states
otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or statecourt action based on or including the same claim, a notice of dismissal operates as an adjudication on the
merits.”

1

1

Accordingly, the Clerk of Court is respectfully directed to close the case.

2
3
4
5

IT IS SO ORDERED.
Dated:

November 13, 2023

/s/
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2