Rodriguez

Rodriguez v. Trans Union, LLC

Good Law
United States District Court, Eastern District of CaliforniaJune 19, 20241:24-cv-00124California442 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CARMEN RODRIGUEZ, Case No. 1:24-cv-00124-JLT-SAB

Plaintiff, ORDER DISREGARDING NOTICE OF

VOLUNTARY DISMISSAL

v. (ECF No. 24) TRANS UNION LLC,

FOURTEEN DAY DEADLINE

Defendant.

16 On January 26, 2024, this matter was removed from the Tulare County Superior Court. (ECF No. 1.) On March 13, 2024, Defendant filed an answer to the complaint. (ECF No. 5.) On June 18, 2024, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 24.) Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, “a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). Here, Defendant has filed an answer, so Plaintiff cannot voluntarily dismiss this action pursuant…

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