Sanderlin v. Walmart Inc ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EMILY SANDERLIN, Case No. 1:24-cv-00971-JLT-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET 13 v. TO REFLECT VOLUNTARY DISMISSAL 14 WALMART, INC., (ECF No. 44) 15 Defendant. 16 17 On April 2, 2024, this action was filed in the District of South Carolina. (ECF No. 1.) 18 On August 20, 2024, the matter was transferred to the Eastern District of California. (ECF No. 19 29.) On August 23, 2024, an order was filed relating this action to Navarro v. Target Corp., No. 20 1:24-cv-00280-JLT-SAB, and the matter was reassigned. (ECF No. 32.) On October 22, 2015, 21 Plaintiff filed a notice of voluntary dismissal without prejudice pursuant to Rule 41(a)(1)(A)(i) of 22 the Federal Rules of Civil Procedure. (ECF No. 44.) 23 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 24 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 25 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 26 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 27 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 1 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 2 | the parties are left as though no action had been brought, the defendant can’t complain, and the 3 | district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc., 193 4 | F.3d at 1078. In this action, no defendant has filed an answer or other responsive pleading. 5 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 6 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 7 8 IT IS SO ORDERED. DAA (e_ 9 | Dated: _ October 3, 2024 _ ef 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28