Escobedo

Escobedo v. Buffet Concepts, Inc.

Good Law
United States District Court, Eastern District of CaliforniaMarch 18, 20251:24-cv-01153California323 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE ESCOBEDO, Case No. 1:24-cv-01153-KES-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST THE

v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) BUFFET CONCEPTS, INC., et al., OF THE FEDERAL RULES OF CIVIL

PROCEDURE

Defendants. (ECF No. 15) 16 On March 17, 2025, Plaintiff filed a notice of dismissal of this action with prejudice in its entirety pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 15.) “[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). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant…

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