Nationwide Agribusiness Insurance Company v. Luna ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NATIONWIDE AGRIBUSINESS No. 1:20-cv-01218-DAD-HBK INSURANCE COMPANY, 12 Plaintiff, 13 v. DISMISSAL WITH PREJUDICE UNDER FED. R. CIV. P. 41(a)(1) 14 JOSE LORENZO RICO LUNA AND DOE 1-20, (Doc. No. 15) 15 Defendants. 16 17 On January 8, 2021, Plaintiff filed a Notice of Voluntary Dismissal under Fed. R. Civ. P. 18 41(a). (Doc. No. 15). The Notice states the dismissal is with prejudice. (Id.). Under Fed. R. Civ. 19 P. 41(a)(1)(A)(i), a plaintiff may dismiss a case without a court order when the notice of dismissal 20 is filed before the opposing party serves either an answer or a motion for summary judgment. The 21 docket reveals Defendants have neither answered nor filed a motion for summary judgment. Based 22 on Plaintiff’s Notice this case is dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(B); see also 23 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 24 Accordingly: 25 This action is dismissed with prejudice under Fed. R. Civ. P. 41(a)(1) and the Clerk of Clerk 26 of Court is directed to close this case. 27 28 1 > | ITIS SO ORDERED. | Dated: January 11, 2021 Moo WN. fered faskth 4 HELENA M. BARCH-KUCHTA ; UNITED STATES MAGISTRATE JUDGE 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28