City of Fresno v. Tokio Marine Specialty Insurance Company

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CITY OF FRESNO, Case No. 1:18-cv-00504-LJO-SAB

Plaintiff, ORDER DISREGARDING NOTICE OF

VOLUNTARY DISMISSAL

v. (ECF No. 25) TOKIO MARINE SPECIALTY

INSURANCE COMPANY,

14 Defendant.

16 On April 12, 2018, Defendant Tokio Marine Specialty Insurance Company removed this 17 action from Fresno County Superior Court to the Eastern District. (ECF No. 1.) An answer was 18 filed on August 15, 2018, following the denial of Defendant’s motion to dismiss. (ECF Nos. 11, 19 12.) On December 23, 2019, Plaintiff City of Fresno filed a notice of voluntary dismissal of the 20 action. (EC No. 25.) 21 Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘a plaintiff has an 22 absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a 23 motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 24 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 25 1997)). Here, Defendant has filed an answer, so Plaintiff…