United States of America v. Dynamic Medical Systems, LLC.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
8 EASTERN DISTRICT OF CALIFORNIA 10 UNITED STATES OF AMERICA, et al., Case No. 1:17-cv-01757-NONE-SAB 11 Plaintiffs, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE INVACARE v. CORPORATION AS A PARTY IN THIS ACTION AND ADMINISTRATIVELY DYNAMIC MEDICAL SYSTEMS, LLC, et TERMINATION INVACARE’S MOTION al., TO DISMISS AS MOOT
Defendants. (ECF Nos. 108, 110)
16 On September 28, 2020, Defendant Invacare Corporation filed a motion to dismiss. On October 6, 2020, Plaintiff filed a notice of voluntary dismissal of Defendant Invacare Corporation pursuant to Federal Rule of Civil Procedure 41(a). “[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…