(PS) Mackintosh v. Lyft, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADAM JOHN MACKINTOSH, No. 2:19-cv-1849-MCE-KJN PS 12 Plaintiff, ORDER CLOSING CASE 13 v. (ECF No. 83.) 14 LYFT, INC., et al., 15 Defendants. 16 17 On March 16, 2020, plaintiff filed a notice of voluntary dismissal of this case without 18 prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 83.) 19 Federal Rule of Civil Procedure 41(a)(1)(A) provides that “the plaintiff may dismiss an 20 action without a court order by filing . . . (i) a notice of dismissal before the opposing party serves 21 either an answer or a motion for summary judgment . . . .” “Under Rule 41(a)(1), a plaintiff has 22 an absolute right voluntarily to dismiss his action prior to service by the defendant of an answer 23 or a motion for summary judgment. Even if the defendant has filed a motion to dismiss, the 24 plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1). 25 The dismissal is effective on filing and no court order is required...Unless otherwise stated, the 26 dismissal is ordinarily without prejudice to the plaintiff’s right to commence another action for 27 the same cause against the same defendants.” Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 28 1995); see also United States v. Real Property Located at 475 Martin Lane, Beverly Hills, CA, 1 | 545 F.3d 1134, 1145 (9th Cir. 2008) (noting that dismissal under Rule 41(a)(1)(A)G) requires no 2 | action on the part of the court and divests the court of jurisdiction once the notice of voluntary 3 | dismissal is filed). 4 Here, defendants have yet to serve either an answer or motion for summary judgment. 5 | Thus, plaintiffs request for dismissal is effective without a court order, and this case is dismissed 6 | without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)G). The Clerk of Court 7 | 1s directed to CLOSE this case and vacate all dates. 8 | Dated: March 17, 2020 Fens Arn 10 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 11 mack.1849 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28