Avalos
Avalos v. Stephen Investments, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GEORGE AVALOS, Case No. 1:20-cv-01818-DAD-SAB
Plaintiff, ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE AND ADJUST DOCKET
v. TO REFLECT VOLUNTARY DISMISSAL
STEPHEN INVESTMENTS, INC., (ECF No. 11) Defendant.
16 This action was filed on December 23, 2020. (ECF No. 1.) On March 4, 2021, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 11.) Plaintiff is dismissing the action with prejudice and without an award of costs or fees. (Id.) “[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…