Aro Pistachios, Inc. v. Dan On Foods Corporation

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ARO PISTACHIOS, INC., Case No. 1:24-cv-00322-JLT-SAB

Plaintiff, ORDER DISREGARDING STIPULATION

OF DISMISSAL

v. (ECF No. 18) DAN ON FOODS CORPORATION, et al.,

FOURTEEN DAY DEADLINE

Defendants.

16 Plaintiff Aro Pistachios, Inc. filed this action against Dan On Foods Corporation (“Dan On Foods”) and PNC Bank National Association (“PNC Bank”) on March 15, 2024. (ECF No. 1.) On June 25, 2024, Dan On Foods filed its answer to the complaint. (ECF No. 13.) PNC Bank has not filed an answer or motion for summary judgment. On August 16, 2024, Plaintiff filed a stipulation for dismissal of PNC Bank with prejudice. (ECF No. 18.) The stipulation is signed only by Plaintiff and PNC Bank. (Id. at 5.) 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.,…