Novell v. Clean with Integrity

Filing 12

ORDER: Plaintiff's Notice of Dismissal 11 is self-executing upon filing and the Clerk of the Court shall dismiss this civil action, by Magistrate Judge Craig B. Shaffer on 3/26/2014. (eseam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-00404-CBS
ANDREA NOVELL,
Plaintiff,
v.
CLEAN WITH INTEGRITY INC., d/b/a MAID FOR YOU,
Defendant.

ORDER

Magistrate Judge Craig B. Shaffer
This civil action comes before the court on Plaintiff’s Notice of Dismissal pursuant to
F.R.C.P. 41(a)(1)(A)(i) (filed March 25, 2014) (Doc. # 11). The court has reviewed the
Notice and the entire case file and is sufficiently advised in the premises. Defendant has not
filed an answer or a motion for summary judgment. Under these circumstances, a voluntary
dismissal is effective immediately upon the filing of a written notice of dismissal, and no
subsequent court order is necessary. See Hyde Constr. Co. v. Koehring Co., 388 F.2d 501,
507 (10th Cir. 1968) (“Rule 41(a)(1) provides for a dismissal without order of the court by
filing a notice of dismissal at any time before service by the adverse party of an answer.”)
(internal quotation marks and citation omitted). See also Janssen v. Harris, 321 F.3d 998,
1000 (10th Cir. 2003) (“The filing of a notice of dismissal pursuant to Rule 41(a)(1)[(A)](i)
does not require an order of the court.”) (citation omitted); Marex Titanic, Inc. v. The
Wrecked & Abandoned Vessel, 2 F.3d 544, 546 (4th Cir. 1993) (stating voluntary dismissal is
“self-executing, i.e., it is effective at the moment the notice is filed with the clerk and no
judicial approval is required”). Accordingly,
Plaintiff’s Notice of Dismissal pursuant to F.R.C.P. 41(a)(1)(A)(i) (filed March 25, 2014)
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(Doc. # 11) is self-executing upon filing and the Clerk of the Court shall dismiss this civil
action.
DATED at Denver, Colorado, this 26th day of March, 2014.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge

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