Kumar v. Jaddou ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LALIT KUMAR, Case No. 1:23-cv-001263-JLT-EPG 11 Plaintiff, 12 v. ORDER DIRECTING CLERK OF COURT TO TERMINATE PENDING MOTION TO 13 UR M. JADDOU, et al., DISMISS AS MOOT AND TO CLOSE THIS CASE IN LIGHT OF PLAINTIFF’S NOTICE 14 Defendants. OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE 15 (ECF NOS. 6, 8, 9) 16 17 18 On October 20, 2023, Plaintiff filed a notice of voluntary dismissal without prejudice 19 under Rule 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i) permits a Plaintiff to dismiss an action without a 20 court order by filing “a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” 21 The Court acknowledges that Defendants have filed a motion to dismiss, since amended, 22 which remains pending. (ECF Nos. 6, 8). However, Plaintiff still has the right to dismiss this 23 case: 24 Under Rule 41(a)(1), a plaintiff has an absolute right voluntarily to dismiss his 25 action prior to service by the defendant of an answer or a motion for summary judgment. Even if the defendant has filed a motion to dismiss, the plaintiff may 26 terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1). 27 Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (internal citation omitted). 28 \\\ 1 Accordingly, IT IS ORDERED as follows: 2 1. The Clerk of Court is directed to terminate as moot Defendants’ motion to dismiss. (ECF 3 Nos. 6, 8). 4 2. In light of Plaintiffs notice of voluntary dismissal, this case has been dismissed without 5 prejudice. (ECF No. 9). 6 3. The Clerk of Court is directed to close this case. IT IS SO ORDERED. 8 | Dated: _ October 23, 2023 [spe ey □□ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28