Avalos

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GEORGE AVALOS, Case No. 1:20-cv-01739-NONE-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST THE

v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) MASCOT LLC, OF THE FEDERAL RULES OF CIVIL

PROCEDURE

Defendant. (ECF No. 12) 16 On April 1, 2021, a notice of voluntary dismissal was filed dismissing this action with prejudice and with each party to bear its own costs and fees. “[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.…