Valladares v. Specialized Loan Servicing, LLC ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 YHEIZZI VALLADARES, Case No. 1:23-cv-01224-NODJ-SAB 11 Plaintiff, ORDER DIRECTING THE CLERK OF THE 12 COURT TO CLOSE CASE AND ADJUST THE v. DOCKET TO REFLECT VOLUNTARY 13 DISMISSAL PURSUANT TO RULE 41(a) OF SPECIALIZED LOAN SERVICING, LLC THE FEDERAL RULES OF CIVIL PROCEDURE 14 et al., (ECF No. 15) 15 Defendants. 16 17 This action was filed in the Kings County Superior Court on July 13, 2023 and removed 18 to this Court by Defendant Specialized Loan Servicing, LLC on August 16, 2023. (ECF No. 1.) 19 On November 30, 2023, Plaintiff filed a notice of voluntary dismissal without prejudice and with 20 each party to bear its own costs, attorneys’ fees, and expenses pursuant to Rule 41(a)(1)(A)(i) of 21 the Federal Rules of Civil Procedure. (ECF No. 15.) 22 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 23 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 24 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 25 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 26 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 27 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 28 Cir. 1993). 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 2 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule □□□□ 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: December 5, 2023 ‘ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28