Veterans Painting Contractors, Inc. v. Straub Construction, Inc. ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 VETERANS PAINTING CONTRACTORS, Case No. 1:20-cv-00036-DAD-SAB 11 INC., ORDER STRIKING INCORRECT FILING 12 Plaintiff, ORDER VACATING ALL DATES AND 13 v. DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO 14 STRAUB CONSTRUCTION, INC., et al., REFLECT VOLUNTARY DISMISSAL 15 Defendants. (ECF Nos. 6, 7) 16 17 On March 6, 2020, Plaintiff filed a notice of voluntary dismissal of this action that 18 contains an incorrect party name in the body of the filing. (ECF No. 6.) On the same date, 19 Plaintiff then filed a notice of voluntary dismissal with prejudice pursuant to Rule 41(a)(1) of the 20 Federal Rules of Civil Procedure, with the correct name of Plaintiff in the body of the filing. 21 (ECF No. 7.)1 22 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 23 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 24 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 25 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 26 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 27 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 1 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 2 | the parties are left as though no action had been brought, the defendant can’t complain, and the 3 | district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co.., Inc., 193 4 | F.3d at 1078. In this action, no defendant has filed an answer or motion for summary judgment. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The notice of voluntary dismissal filed on March 6, 2020 using the incorrect name 7 for Plaintiff (ECF No. 6), is STRICKEN FROM THE RECORD; 8 2. All pending dates are VACATED; and 9 3. The Clerk of the Court is DIRECTED to CLOSE the file in this case and adjust 10 the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 11 0 IT IS SO ORDERED. FA. ee 13 | Dated: _ March 9, 2020 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28