Avalos
Avalos v. Uppal Investments, Inc.
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…