Ferguson Enterprises, LLC v. Solpac Construction, Inc. ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FERGUSON ENTERPRISES, LLC, Case No. 1:23-cv-01659-EPG 12 Plaintiff, 13 v. ORDER RE: NOTICE OF VOLUNTARY DISMISSAL 14 SOLPAC CONSTRUCTION, INC., et al., (ECF No. 4) 15 Defendants. 16 17 Plaintiff Ferguson Enterprises, LLC filed a notice of voluntary dismissal on January 12, 18 | 2024, dismissing this action with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)@), 19 | which permits a plaintiff to “dismiss an action without a court order by filing a notice of dismissal 20 before the opposing party serves either an answer or a motion for summary judgment.” 1 Accordingly, in light of the voluntary dismissal and the fact that no answer or motion for | summary judgment has been filed, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(@), 74 and has been dismissed with prejudice. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The Clerk of Court is respectfully directed to close the case. 24 | Ir IS SO ORDERED. 25 og | Dated: _January 16, 2024 fe ey UNITED STATES MAGISTRATE JUDGE 27 28