Luna
Nationwide Agribusiness Insurance Company v. Luna
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NATIONWIDE AGRIBUSINESS No. 1:20-cv-01218-DAD-HBK
INSURANCE COMPANY,
12 Plaintiff, v. DISMISSAL WITH PREJUDICE UNDER FED. R. CIV. P. 41(a)(1) JOSE LORENZO RICO LUNA AND DOE 1-20, (Doc. No. 15) 15 Defendants.
17 On January 8, 2021, Plaintiff filed a Notice of Voluntary Dismissal under Fed. R. Civ. P. 18 41(a). (Doc. No. 15). The Notice states the dismissal is with prejudice. (Id.). Under Fed. R. Civ. 19 P. 41(a)(1)(A)(i), a plaintiff may dismiss a case without a court order when the notice of dismissal 20 is filed before the opposing party serves either an answer or a motion for summary judgment. The 21 docket reveals Defendants have neither answered nor filed a motion for summary judgment. Based 22 on Plaintiff’s Notice this case is dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(B); see also 23 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 24 Accordingly: 25 This action is dismissed with prejudice under Fed. R. Civ. P. 41(a)(1) and the Clerk of Clerk…