Martin

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 RUTH MARTIN, Case No. 1:22-cv-01355-JLT-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL 13 SEPHORA USA, INC., (ECF No. 29) 14 Defendant. 15 This action was filed on October 23, 2022. (ECF No. 1.) A motion to dismiss is currently pending as to Plaintiff’s first amended complaint. (ECF Nos. 22, 26.) On May 16, 2023, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 29.) “Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘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 Rule…