Gastelum v. Shop Q, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FERNANDO GASTELUM, Case No. 1:22-cv-01176-EPG 12 Plaintiff, ORDER RE: NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE 13 v. (ECF No. 10) 14 SHOP Q, INC., 15 Defendant. 16 17 This matter is before the Court on Plaintiff’s notice of voluntary dismissal (ECF No. 10), 18 with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendant has not 19 filed an answer or a motion for summary judgment. In light of the voluntary dismissal, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(i), and has been dismissed with prejudice. See 20 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 21 Further, given the fact that Plaintiff’s notice of voluntary dismissal is in response to the 22 Court’s March 15, 2023, order to show cause, IT IS ORDERED THAT: 23 1. The Court’s order to show cause (ECF No. 9) is DISCHARGED; and 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 1 2. The Clerk of Court is respectfully directed to close the case. 2 3 IT IS SO ORDERED. Dated: _ April 4, 2023 [see 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