Crius Corp v. Home Depot, U.S.A., Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CRIUS CORP, Case No. 1:23-cv-01479-ADA-EPG 12 Plaintiff, 13 v. ORDER RE: NOTICE OF VOLUNTARY DISMISSAL 14 HOME DEPOT, U.S.A., INC., et al., (ECF No. 9) 15 Defendants. 16 17 This matter is before the Court on Plaintiff’s notice of voluntary dismissal (ECF No. 9), 18 which states that “[t]his action is dismissed by the Plaintiff(s) in its entirety,” and is made 19 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendants have not filed an answer or a motion for summary judgment.1 In light of the voluntary dismissal, this action has 20 been terminated, Fed. R. Civ. P. 41(a)(1)(A)(i), and has been dismissed. See Wilson v. City of San 21 Jose, 111 F.3d 688, 692 (9th Cir. 1997). 22 \\\ 23 \\\ 24 \\\ 25 26 1 The notice of voluntary dismissal does not specify whether the dismissal is with or without prejudice. The Court notes that Rule 41(a)(1)(B) provides as follows: “Unless the notice or stipulation states 27 otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state- court action based on or including the same claim, a notice of dismissal operates as an adjudication on the 28 merits.” 1 Accordingly, the Clerk of Court is respectfully directed to close the case. 2 3 IT IS SO ORDERED. Dated: _ November 13, 2023 [Je hey — 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28