Escobedo

Escobedo v. Dinuzzo Enterprises, LLC

Good Law
United States District Court, Eastern District of CaliforniaOctober 8, 20241:24-cv-01083California348 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE ESCOBEDO, Case No. 1:24-cv-01083-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST DOCKET

v. TO REFLECT VOLUNTARY DISMISSAL

DINUZZO ENTERPRISES, LLC, et al. (ECF No. 5) Defendants.

16 Plaintiff filed this action on September 12, 2024. (ECF No. 1). On October 7, 2024, Plaintiff filed a notice of voluntary dismissal of the entire action with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF No. 5.) “[U]nder Rule 41(a)(1)(A)(i), ‘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)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or…

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