Brooke
Brooke v. Aleena Investment LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THERESA BROOKE, Case No. 1:21-cv-00788-NONE-SAB
Plaintiff, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE AND
v. CLOSE CASE AND ADJUST DOCKET TO
REFLECT VOLUNTARY DISMISSAL
ALEENA INVESTMENT, LLC, (ECF No. 6) Defendant.
16 This action was filed on May 16, 2021. (ECF No. 1.) On August 9, 2021, the Court ordered Plaintiff to file a status report concerning the service of the complaint. (ECF No. 5.) On August 10, 2021, Plaintiff filed a notice of voluntary dismissal, with prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 6.) “[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…