Granada

Granada v. TD Bank USA, N.A.

Good Law
United States District Court, Eastern District of CaliforniaJune 12, 20251:25-cv-00200California327 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NOIDA GRANADA, Case No. 1:25-cv-00200-KES-SAB

Plaintiff, ORDER DIRECTING THE CLERK OF THE

COURT TO TERMINATE TD BANK USA,

v. N.A. AS A DEFENDANT IN THIS ACTION

TD BANK USA, N.A., et al., (ECF No. 22)

Defendants.

16 On June 11, 2025, Plaintiff filed a notice of dismissal of Defendant TD Bank USA, N.A. with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF No. 22.) “[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 motion for summary judgment. Pedrina v. Chun, 987 F.2d 608,…

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