Orozco

Orozco v. FCA US LLC

Good Law
United States District Court, Eastern District of CaliforniaAugust 29, 20241:21-cv-01674California495 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ISIDRO OROZCO, et al., Case No. 1:21-cv-01674-SAB

Plaintiffs, ORDER DISREGARDING PLAINTIFFS’

REQUEST FOR DISMISSAL

v. (ECF No. 61) FCA US, LLC,

FOURTEEN DAY DEADLINE

Defendant.

16 Plaintiffs filed this action on November 19, 2021. (ECF No. 1.) On February 24, 2022, Defendant filed its answer to the complaint. (ECF No. 10.) On August 28, 2024, Plaintiffs filed a request for dismissal pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. (ECF No. 61.) The request was filed as a “motion to dismiss” and is signed only by Plaintiffs. (Id. at 2.) 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)). Rule 41(a)(1)(A)(ii) of the…

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