Enriquez v. Renew Financial, LLC ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LORENZO ENRIQUEZ, et al., Case No. 1:20-cv-00914-DAD-SAB 11 Plaintiffs, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET 12 v. TO REFLECT VOLUNTARY DISMISSAL 13 RENEW FINANCIAL, LLC, et al., (ECF No. 13) 14 Defendants. 15 16 Plaintiffs Lorenzo Enriquez and Yolanda Enriquez filed this action on July 1, 2020. 17 (ECF No. 1.) On November 24, 2020, Plaintiffs filed a notice of voluntary dismissal pursuant to 18 Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 13.) 19 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 20 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 21 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 22 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 23 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 24 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 25 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 26 the parties are left as though no action had been brought, the defendant can’t complain, and the 27 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. 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: _ November 25, 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