State National Insurance Company v. Dutton Landscape Services

Good Law
United States District Court, Eastern District of CaliforniaJanuary 17, 20251:24-cv-00742California323 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 STATE NATIONAL INSURANCE Case No. 1:24-cv-00742-SAB COMPANY,

ORDER DIRECTING CLERK OF COURT

Plaintiff, TO CLOSE CASE AND ADJUST DOCKET

TO REFLECT VOLUNTARY DISMISSAL

v. (ECF No. 11) DUTTON LANDSCAPE SERVICES, et al., Defendants.

16 Plaintiff commenced this action on June 24, 2024. (ECF No. 1). On January 16, 2025, 17 Plaintiff filed a notice of voluntary dismissal of the entire action pursuant to Rule 41(a)(1)(A)(i) 18 of the Federal Rules of Civil Procedure. (ECF No. 11.) 19 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 20 action prior to service by the defendant of an answer or a motion for summary judgment.’” 21 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 22 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under 23 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no 24 action had been brought, the defendant can’t complain, and…

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