BMO Bank N.A. fka BMO Harris Bank N.A. v. ABS Xpress, Inc., Benjamin Samano, an individual resident and citizen of California; DOES 1-10
Opinion
trial_court Opinion
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UNITED STATES DISTRICT COURT
8 9 EASTERN DISTRICT OF CALIFORNIA 10 BMO BANK N.A. fka BMO HARRIS BANK Case No. 1:25-cv-01572-KES-FRS 11 N.A., a national association,
ORDER DIRECTING CLERK OF COURT
12 Plaintiff, TO CLOSE CASE AND ADJUST DOCKET
TO REFLECT VOLUNTARY DISMISSAL
13 v. (ECF No. 5) 14 ABS XPRESS, INC., a California corporation; BENJAMIN SAMANO, an individual 15 resident and citizen of California; DOES 1-10, 16 Defendants.
17 On January 5, 2026, Plaintiff filed a notice of voluntary dismissal of the entire action 18 without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF 19 No. 5.) 20 “[U]nder Rule 41(a)(1)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action 21 prior to service by the defendant of an answer or a motion for summary judgment.’” Commercial 22 Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson 23 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). “[A] dismissal under Rule 41(a)(1) is 24 effective on filing, no court order is required, the parties are left as…