George Avalos v. Nino's Tierra LLC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GEORGE AVALOS, Case No. 1:20-cv-01599-NONE-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO ASSIGN A DISTRICT JUDGE TO

v. CLOSE CASE AND ADJUST DOCKET TO

REFLECT VOLUNTARY DISMISSAL

GARY TOOR, (ECF No. 9) Defendant.

16 This action was filed on November 12, 2020. (ECF No. 1.) On February 11, 2021, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 9.) “[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 any defendant who has yet to serve an answer or motion for summary judgment. Pedrina v.…