Myers v. Obama, et al

Filing 51

ORDER granting pltf's 50 Motion to Dismiss without prejudice by Judge Marsha J. Pechman.(RS)cc Myers

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MICHAEL R. MYERS,

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Plaintiff,
v.

CASE NO. C12-179 MJP
ORDER ON PLAINTIFF’S MOTION
TO DISMISS WITHOUT
PREJUDICE

BARACK H. OBAMA, President of the
United States, and BOEING COMPANY,

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Defendants.
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This matter comes before the Court on Plaintiff’s motion to dismiss without prejudice.
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(Dkt. No. 50.)
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Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss his action
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prior to service by the defendant of an answer or a motion for summary judgment. Fed. R. Civ.
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P. 41(a)(1); see also Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995). Even if the

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defendant has filed a motion to dismiss, a plaintiff may terminate his action voluntarily by filing
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a notice of dismissal. Id. Here, Plaintiff Michael Myers (“Myers”) has filed a motion for
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summary judgment, but Defendants have only filed motions to dismiss. Therefore, Myers has a
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ORDER ON PLAINTIFF’S MOTION TO DISMISS
WITHOUT PREJUDICE- 1

1 right to voluntarily dismiss his action without prejudice. Even though the Court finds it difficult
2 to understand Myers’s reasons for dismissal and despite the valid issues raised by Defendants’
3 briefing, Myers’s right to dismiss is absolute. As such, the Court GRANTS Plaintiff’s motion to
4 dismiss without prejudice. Defendants’ pending motions to dismiss (Dkt. No., 34 and 35) and all
5 other pending motions are therefore moot.
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The clerk is ordered to provide copies of this order to all counsel.

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Dated this 30th day of July, 2012.

A

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Marsha J. Pechman
United States District Judge

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ORDER ON PLAINTIFF’S MOTION TO DISMISS
WITHOUT PREJUDICE- 2