Alvandi v. Nikoo Manufacturing Incorporated

Filing 36

ORDER DISMISSING CASE. The Court dismisses this action without prejudice based on plaintiffs failure to timely request default in accordance with the September 30, 2013 Order. The Clerk of the Court is directed to close this case. Signed by Judge M. James Lorenz on 12/3/2013.(All non-registered users served via U.S. Mail Service)(sjt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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11 RAYMOND ALVANDI, individually and )
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on behalf of other persons similarly
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Plaintiffs,
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15 NIKOO MANUFACTURING, INC.,
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Defendant.
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Civil No. 12cv1376 L (BLM)
ORDER DISMISSING ACTION
WITHOUT PREJUDICE

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On September 30, 2013, the Court ordered that if plaintiff intended to proceed with this

19 litigation, he was required to file a request for entry of default on or before October 4, 2013.
20 Plaintiff was also warned that failure to timely file such a request will result in dismissal of this
21 action. No request was made.
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On October 5, 2013, plaintiff filed a notice of voluntary dismissal without prejudice;

23 however, Federal Rule of Civil Procedure 41(a)(1)(A)(i) does not permit dismissal without a
24 court order if an answer has been filed. In this case, an Answer was filed on July 30, 2012. [doc.
25 #8] Accordingly, plaintiff may not dismiss this action except by a request directed to the court.
26 Plaintiff has not moved for dismissal under Rule 41(a)(2) and his notice of voluntary dismissal is
27 void. Nevertheless, the Court will dismiss this action without prejudice based on plaintiff’s
28 failure to timely request default in accordance with the September 30, 2013 Order.
12cv1376

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Based on the foregoing, IT IS ORDERED dismissing this action without prejudice. The

2 Clerk of the Court is directed to close this case.
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IT IS SO ORDERED.

4 DATED: December 3, 2013
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M. James Lorenz
United States District Court Judge

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8 HON. BARBARA L. MAJOR
UNITED STATES MAGISTRATE JUDGE
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10 ALL PARTIES/COUNSEL
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12cv1376