Ruelas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HEIDI KELLERHALS, No. 1:20-cv-01279-EPG Plaintiff, ORDER CONCERNING NOTICE FOR

VOLUNTARY DISMISSAL

v. (ECF No. 34) MAIRA RUELAS, et al., Defendants. 16 On April 14, 2021, Plaintiff Heidi Kellerhals filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2). (ECF No. 34). Because Defendants have filed an answer, (ECF No. 17), and did not stipulate to the voluntary notice, a plaintiff may dismiss this case under Rule 41(a) only upon with Defendants’ stipulation, Fed. R. Civ. P. 41(a)(1)(A)(ii), or upon a motion and court order, id. 41(a)(2). Accord Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (“Once the defendant serves an answer or a motion for summary judgment, however, the plaintiff may no longer voluntarily dismiss under Rule 41(a)(1), but must file a motion for voluntary dismissal under Rule 41(a)(2). Unlike a Rule 41(a)(1) notice of dismissal, a Rule 41(a)(2) motion requires court…