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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN C. DOWNS,
Plaintiff,

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United States District Court
Northern District of California

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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