Santiago v. ProCollect, Inc. ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LETICIA J. SANTIAGO, Case No. 1:20-cv-00232-AWI-SAB 10 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET 11 v. TO REFLECT VOLUNTARY DISMISSAL 12 PROCOLLECT, INC., (ECF No. 10) 13 Defendant. 14 15 This action was filed on February 13, 2020. (ECF No. 1.) On May 18, 2020, Plaintiff 16 filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil 17 Procedure. (ECF No. 10.) 18 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 19 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 20 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 21 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 22 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 23 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 24 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 25 the parties are left as though no action had been brought, the defendant can’t complain, and the 26 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 27 F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. /// WAS LOU UNUM EVOUAVV I OAR PIR ee OY ee 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 2 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 3 4 IT IS SO ORDERED. FA. ee 5 Dated: _ May 19, 2020 ‘ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28