Rang Dong Joint Stock Co. v. J.F. Hillebrand USA, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Rang Dong Joint Stock Company, No. 2:18-cv-03195-KJM-KJN Plaintiff, ORDER v. J.F. Hillebrand USA, Inc., et al., 1S Defendants. 16 Plaintiff Rang Dong Joint Stock Company has filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). See ECF No. 68. Despite arguing in a recent filing 19 that “the courts of Germany have exclusive jurisdiction over [Rang Dong’s] claims,” Suppl. Memo. at 3, ECF No. 67, defendant J.F. Hillebrand opposes dismissal, see ECF No. 69. Under Federal Rule of Civil Procedure 41(a)(1), a plaintiff may voluntarily dismiss an action without a court order by filing “a notice of dismissal before the opposing party serves either 23 an answer or a motion for summary judgment.” Fed. R. Civ. P. 41 (a)(1)(A)(). Here, defendants have not filed an answer or a motion for summary judgment. The court is unpersuaded by 25 Hillebrand’s…