United Merchant Services of CA, LLC v. Shaun Stacks Photography, LLC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

UNITED MERCHANT SERVICES OF CA, Case No. 1:24-cv-00481-JLT-SAB

LLC,

ORDER DIRECTING CLERK OF COURT Plaintiff, TO CLOSE CASE AND ADJUST DOCKET TO REFLECT VOLUNTARY DISMISSAL v. (ECF No. 14)

SHAUN STACKS PHOTOGRAPHY, LLC,

et al. Defendants. 17 Plaintiff filed this action on April 23, 2024. (ECF No. 1). On December 4, 2024, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a) or 41(c). (ECF No. 14.) Given no counterclaim, crossclaim, or third-party claims have been filed in this action and Plaintiff indicates that it dismisses the action in its entirety, the Court construes the notice as a dismissal brought pursuant to 41(a). “[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.…