Chongs Produce, Inc v. Srajaa, LLC dba as Saravana Store et al

Filing 19

ORDER to File Stipulation of Dismissal. Signed by Judge Lucy H. Koh on 11/10/2015. (lhklc3, COURT STAFF) (Filed on 11/10/2015)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
SAN JOSE DIVISION

United States District Court
Northern District of California

11
12

CHONG’S PRODUCE, INC.,
Plaintiff,

13
14
15

Case No. 15-CV-01903-LHK
ORDER TO FILE STIPULATION OF
DISMISSAL

v.

Re: Dkt. No. 18

16

SRAJAA, LLC dba as SARAVANA
STORE, RAJAA SONAI, an individual, and
DOES 1-10,

17

Defendants.

18
19
20
21
22
23
24
25
26
27
28

On November 6, 2015, Plaintiff Chong’s Produce, Inc. filed a notice of voluntary dismissal
of the entire action. ECF No. 18. Plaintiff may voluntarily dismiss an action without a court order
“before the opposing party serves either an answer or a motion for summary judgment.” Fed. R.
Civ. P. 41(a). Defendant Srajaa, LLC has not filed an answer or a motion for summary judgment,
and thus Plaintiff may voluntarily dismiss the action against Srajaa, LLC.
However, Defendant Rajaa Sonai (“Sonai”) filed an answer on May 28, 2015. ECF No. 8.
After an opposing party has filed an answer, Plaintiff may only voluntarily dismiss without a
without a Court order by filing “a stipulation of dismissal signed by all parties who have
appeared.” Fed. R. Civ. P. 41(a)(1)(A); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir.
1
Case No. 15-CV-01903-LHK
ORDER TO FILE STIPULATION OF DISMISSAL

1

1995). Thus, Plaintiff may only voluntarily dismiss Sonai by filing a joint stipulation of dismissal

2

also signed by Sonai. Accordingly, if Plaintiff wishes to dismiss the entire action, the Court

3

ORDERS Plaintiff and Sonai to file a joint stipulation of dismissal by November 16, 2015.

4
5

IT IS SO ORDERED.

6
7

Dated: November 10, 2015
______________________________________
LUCY H. KOH
United States District Judge

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

2
Case No. 15-CV-01903-LHK
ORDER TO FILE STIPULATION OF DISMISSAL