D.M.

D.M. v. County of Merced

Good Law
United States District Court, Eastern District of CaliforniaNovember 12, 20241:20-cv-00409California424 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 D.M., et al., Case No. 1:20-cv-00409-JLT-SAB 11 Plaintiffs, ORDER DISREGARDING NOTICE OF DISMISSAL AND DIRECTING PARTIES v. TO COMPLY WITH LOCAL RULE 202(b) 13 COUNTY OF MERCED, et al., DECEMBER 2, 2024 DEADLINE 14 Defendants. 15 Plaintiffs filed this action on March 19, 2020. (ECF No. 1). Following a notice of settlement (ECF No. 174), on November 11, 2024, Plaintiffs 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. 176.) “[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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.