Kuubix Global, LLC v. Orwig ( 2023 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 4 8 KUUBIX GLOBAL, LLC, Case No. 1:23-cv-00785-ADA-EPG 9 Plaintiff, ORDER RE: PLAINTIFF’S NOTICE OF 10 VOLUNTARY DISMISSAL v. (ECF No. 46). 11 MARK ORWIG, et al., 12 Defendants. 13 14 15 On December 1, 2023, Plaintiff filed a notice of voluntary dismissal dismissing this action 16 | without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) as Defendants have 17 | not filed an answer or a motion for summary judgment.! (ECF No. 46). In light of the voluntary 18 | dismissal, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)q), and has been dismissed 19 without prejudice. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 20 Accordingly, the Clerk of Court is respectfully directed to close the case. 21 IT IS SO ORDERED. 22 | Dated: _December 4, 2023 _ ey UNITED STATES MAGISTRATE JUDGE 24 ' The Court notes that Defendants have filed a motion to dismiss (See ECF Nos. 25, 37, 38); however, 26 Plaintiff still has the right to dismiss this case. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Under Rule 41(a)(1), a plaintiff has an absolute right voluntarily to dismiss his action prior to service by 27 || the defendant of an answer or a motion for summary judgment. Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 28 | 41(a)(1).”) (internal citations omitted).