Strojnik

Strojnik v. Uniwell Fresno Hotel, LLC

Good Law
United States District Court, Eastern District of CaliforniaJanuary 2, 20201:19-cv-01193California365 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PETER STROJNIK, SR., Case No. 1:19-cv-01193-AWI-SAB

Plaintiff, ORDER VACATING ALL DATES AND

DIRECTING CLERK OF COURT TO

v. CLOSE CASE AND ADJUST DOCKET TO

REFLECT VOLUNTARY DISMISSAL

UNIWELL FRESNO HOTEL, LLC, (ECF No. 18) Defendant.

16 Peter Strojnik, Sr., proceeding pro se, filed this action pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. On December 26, 2019, Plaintiff filed a notice of voluntary dismissal with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. “[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…

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