Kirell Francis Bettis Trust v. Internal Revenue Service ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA 11 KIRELL FRANCIS BETTIS TRUST, et al., Case No. 1:19-cv-01342-LJO-SAB 12 Plaintiffs, ORDER DIRECTING CLERK OF COURT 13 TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 14 INTERNAL REVENUE SERVICE, (ECF No. 3) 15 Defendant. 16 17 18 This action was filed on September 24, 2019. (ECF No. 1.) On October 9, 2019, 19 Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of 20 Civil Procedure. (ECF No. 3.) 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. 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: _October 11, 2019 _ ef UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28