Downs v. Cycleurope U.S.A., Inc.

Filing 26

ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL re 25 Notice of Voluntary Dismissal filed by Kevin C. Downs. Signed by Judge Yvonne Gonzalez Rogers on 11/18/21. (fs, COURT STAFF) (Filed on 11/18/2021)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 KEVIN C. DOWNS, Plaintiff, 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. CYCLEUROPE U.S.A., INC. DOING BUSINESS AS BIANCHI USA, CASE NO. 21-cv-04795-YGR ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL Re: Dkt. No. 25 Defendant. Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i). (Dkt. No. 25.) Pursuant to that rule, voluntary dismissal without a court order and without the stipulation of all parties who have appeared is only available “before the opposing party serves either an answer or a motion for summary judgment . . . .” Defendant has served an amended answer (Dkt. No. 19.) Plaintiff’s notice of voluntary dismissal is accordingly STRICKEN as procedurally improper. If plaintiff wishes to dismiss the action, he may do so by filing a request pursuant to Rule 41(a)(2) or a stipulation joined by all parties who have appeared pursuant to Rule 41(a)(1)(A)(ii). IT IS SO ORDERED. Dated: November 18, 2021 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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