Brooke

Brooke v. Bakerao, LLC

Good Law
United States District Court, Eastern District of CaliforniaJuly 28, 20211:21-cv-00765California349 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

THERESA BROOKE, Case No. 1:21-cv-00765-NONE-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE AND

v. CLOSE CASE AND ADJUST DOCKET TO

REFLECT VOLUNTARY DISMISSAL

BAKERAO, LLC, (ECF No. 4) Defendant.

16 This action was filed on May 12, 2021. (ECF No. 1.) On July 28, 2021, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. “[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. Chun, 987 F.2d 608, 609…

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