Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Galedrige Construction, Inc. et al

Filing 25

Order by Magistrate Judge Donna M. Ryu denying 23 Motion to Dismiss.(dmrlc2, COURT STAFF) (Filed on 12/17/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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BOARD OF TRUSTEES,

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Plaintiff(s),

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No. C-13-02651 DMR
ORDER DENYING MOTION TO
DISMISS AS MOOT

v.

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GALEDRIGE CONSTRUCTION INC,

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Defendant(s).
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Plaintiffs have filed a motion to dismiss Defendant Alfred Norman Galeridge without

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prejudice. [Docket No. 23.] Federal Rule of Civil Procedure 41(a)(1) “allows a plaintiff to dismiss

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without a court order any defendant who has yet to serve an answer or a motion for summary

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judgment.” Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). Defendant Alfred Norman

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Galeridge has not answered, filed a motion for summary judgment, or otherwise appeared in this

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action. Accordingly, a court order is not required for dismissal of Defendant Alfred Norman

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Galeridge without prejudice. Plaintiffs’ motion to dismiss is denied as moot.

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IT IS SO ORDERED.
Dated: December 17, 2013

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DONNA M. RYU
United States Magistrate Judge