Stone v. Facebook Inc. et al
ORDER granting Defendant's Motion to Dismiss Without Prejudice. Signed by Judge William H. Orrick on 08/22/2017. (jmdS, COURT STAFF) (Filed on 8/22/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
D IS T IC T
PLAINTIFF SEEKS TO DISMISS WITHOUT PREJUDICE
The plaintiff moves the Court to dismiss this action,
without prejudice. Rule 41a(1)(A) permits voluntary dismissal,
by a plaintiff, without a court order.
Rule 41. Dismissal of Actions
(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e),
23.1(c), 23.2, and 66 and any applicable federal statute, the
plaintiff may dismiss an action without a court order.
Rule 23(e) applies to Class Actions. Rule 231(c) applies
to Derivative Actions. Rule 23.2 applies to Actions Related to
These exceptions do not apply to plaintiff’s cause of action.
. O r r i ck
d g e Wi l
Facebook, Inc., et al.
IT IS S
have already received notice. The defendants have not received
notice, and have not appeared in this matter.
otherwise, the dismissal is without prejudice. However, if the
action based on, or including the same claim, a notice of
41a(1)(B) does not apply to this action as the plaintiff had
not previously dismissed any federal, or state-court action
based on the same claim.
itself sufficient to dismiss the case without prejudice and
without the Court’s involvement. See Detroit Metro. Airport
Taxi Ass’n v. Detroit Metro. Wayne County Airport Auth., No.
09-CV-14041, 2009 U.S. Dist. LEXIS 101746, at *1 (E.D. Mich.
unambiguous on its face and admits of no exceptions that call
(quoting D. C. Elecs., Inc. v. Narton Corp., 511 F.2d 294, 298
(6th Cir. 1975))); see also Bldg. Concepts & Designs Constr.,
Inc. v. Travelers Prop. Cas. Co. of Am., No. 06-2777, 2006
(collecting cases holding same).
prejudice, per FRCP Rule 41.
Date: July 24th, 2017
/S/ Jack Stone
Diamond Heights 1-101
Telephone: (81) 070-6951-2337
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