Avalos

Avalos v. Uppal Investments, Inc.

Good Law
United States District Court, Eastern District of CaliforniaAugust 12, 20211:21-cv-01003California384 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GEORGE AVALOS, Case No. 1:21-cv-01003-NONE-SAB

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO CLOSE CASE AND ADJUST DOCKET

v. TO REFLECT VOLUNTARY DISMISSAL

UPPAL INVESTMENTS, INC., et al., (ECF No. 14) Defendants.

16 This action was filed on June 24, 2021. (ECF No. 1.) On July 29, 2021, a notice of suggestion of death was filed, and on August 9, 2021, the notice was served on the successor of interest. (ECF Nos. 11, 13.) On August 11, 2021, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 14.) “[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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.