Sierra Construction & Excavation, Inc. v. Argonaut Insurance Company ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SIERRA CONSTRUCTION & Case No. 1:22-cv-01461-ADA-CDB EXCAVATION, INC., 12 ORDER DIRECTING THE CLERK OF Plaintiff, COURT TO CLOSE THIS CASE 13 PURSUANT TO FED. R. CIV. P. v. 41(a)(1)(A)(i) 14 ARGONAUT INSURANCE COMPANY, (ECF No. 7) 15 Defendant. 16 17 18 Plaintiff filed a complaint in this action on November 8, 2022. (ECF No. 1). On January 19 6, 2023, Plaintiff filed a Notice of Voluntary Dismissal which requests the Court to dismiss this 20 case with prejudice. (ECF No. 7). 21 A plaintiff may dismiss an action pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., without 22 a court order by filing a request before the opposing party files a responsive pleading. Here, no 23 defendant has answered or appeared and, accordingly, dismissal is proper. Once a dismissal 24 under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the 25 dismissal is effective automatically. See Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 26 1078 (9th Cir. 1999). 27 Accordingly, the Court DIRECTS the Clerk of the Court to vacate all pending dates and / / / 1 | hearings, including the Scheduling Conference (ECF No. 6), and to close and terminate this case 2 | in its entirety. 3 | IT IS SO ORDERED. Dated: _ January 10, 2023 | Word bo 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