Williams v. Universal Technical Institute, Inc.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LEEROY WILLIAMS, Case No. 1:19-cv-000873-DAD-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST DOCKET

v. TO REFLECT VOLUNTARY DISMISSAL

UNIVERSAL TECHNICAL INSTITUTE, (ECF No. 7)

INC.,

15 Defendant.

17 This action was filed on June 25, 2019. (ECF No. 1.) On October 15, 2019, Plaintiff 18 filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil 19 Procedure dismissing his individual action with prejudice and the action for the class without 20 prejudice. 21 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 22 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 23 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 24 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 25 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 26 to serve…