Avalos v. The Sherwin-Williams Company ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE AVALOS, Case No. 1:21-cv-000536-DAD-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET 13 v. TO REFLECT VOLUNTARY DISMISSAL 14 THE SHERWIN-WILLIAMS COMPANY, (ECF No. 9) 15 et al., 16 Defendants. 17 18 This action was filed on March 30, 2021. (ECF No. 1.) On May 10, 2021, Plaintiff filed 19 a notice of voluntary dismissal with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of 20 Civil Procedure. 21 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 22 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 23 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 24 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 25 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 26 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 27 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can’t complain, and the 1 | district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co.., Inc., 193 2 | F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. 3 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 4 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 5 6 IT IS SO ORDERED. OF. nf ee 7 | Dated: _ May 11, 2021 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28