Kirell Francis Bettis Trust v. Internal Revenue Service

UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA 11 KIRELL FRANCIS BETTIS TRUST, et al., Case No. 1:19-cv-01342-LJO-SAB 12 Plaintiffs, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 14 INTERNAL REVENUE SERVICE, (ECF No. 3) 15 Defendant. 16 17 This action was filed on September 24, 2019. (ECF No. 1.) On October 9, 2019, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 3.) “[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…