Sierra Construction & Excavation, Inc. v. Argonaut Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SIERRA CONSTRUCTION & Case No. 1:22-cv-01461-ADA-CDB
EXCAVATION, INC.,
ORDER DIRECTING THE CLERK OF Plaintiff, COURT TO CLOSE THIS CASE v. 41(a)(1)(A)(i) 14 ARGONAUT INSURANCE COMPANY, (ECF No. 7) 15 Defendant. 16 17 Plaintiff filed a complaint in this action on November 8, 2022. (ECF No. 1). On January 6, 2023, Plaintiff filed a Notice of Voluntary Dismissal which requests the Court to dismiss this case with prejudice. (ECF No. 7). A plaintiff may dismiss an action pursuant to Rule 41(a)(1)(A)(i), Fed. R. Civ. P., without a court order by filing a request before the opposing party files a responsive pleading. Here, no defendant has answered or appeared and, accordingly, dismissal is proper. Once a dismissal under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. See Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078…