Veterans Painting Contractors, Inc. v. Straub Construction, Inc.

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 VETERANS PAINTING CONTRACTORS, Case No. 1:20-cv-00036-DAD-SAB INC.,

ORDER STRIKING INCORRECT FILING

Plaintiff,

ORDER VACATING ALL DATES AND

v. DIRECTING CLERK OF COURT TO

CLOSE CASE AND ADJUST DOCKET TO

STRAUB CONSTRUCTION, INC., et al., REFLECT VOLUNTARY DISMISSAL

Defendants. (ECF Nos. 6, 7)

16 On March 6, 2020, Plaintiff filed a notice of voluntary dismissal of this action that contains an incorrect party name in the body of the filing. (ECF No. 6.) On the same date, Plaintiff then filed a notice of voluntary dismissal with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, with the correct name of Plaintiff in the body of the filing. (ECF No. 7.)1 “[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) 25 …