George Avalos v. East Africa Humanitarian Organization Properties, Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE AVALOS, Case No. 1:20-cv-001605-DAD-SAB 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE AND DIRECTING CLERK 13 v. OF THE COURT TO ADJUST THE DOCKET TO REFLECT VOLUNTARY 14 EAST AFRICAN HUMANITARIAN DISMISSAL PURSUANT TO RULE 41(a) ORGANIZATION PROPERTIES, INC., OF THE FEDERAL RULES OF CIVIL 15 PROCEDURE Defendant. 16 (ECF Nos. 6, 7, 8) 17 18 On November 12, 2020, Plaintiff George Avalos filed this action against Defendant East 19 African Humanitarian Organization Properties, Inc. On January 27, 2021, due to the upcoming 20 scheduling conference on February 11, 2021, Plaintiff was ordered to file a notice of status of 21 service on the defendant within five days. Plaintiff did not comply with the January 27, 2021 22 order. On February 4, 2021, an order was filed requiring Plaintiff to show cause why sanctions 23 should not issue for the failure to comply. On this same date, Plaintiff filed a notice of voluntary 24 dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure and a response to the 25 order to show cause. The Court has reviewed the response to the order to show cause and the 26 order shall be discharged. 27 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 1 | Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 2 | (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 3 | held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 4 | to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 5 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 6 | the parties are left as though no action had been brought, the defendant can’t complain, and the 7 | district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 8 | F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. The order to show cause, filed on February 4, 2021, is DISCHARGED; 11 2. All pending dates and matters are VACATED; and 12 3. The Clerk of the Court is DIRECTED to CLOSE the file in this case and adjust 13 the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 14 15 IT IS SO ORDERED. FA. ee 16 | Dated: _ February 5, 2021 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28