Kumar
Kumar v. Jaddou
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 LALIT KUMAR, Case No. 1:23-cv-001263-JLT-EPG Plaintiff, v. ORDER DIRECTING CLERK OF COURT TO
TERMINATE PENDING MOTION TO
UR M. JADDOU, et al., DISMISS AS MOOT AND TO CLOSE THIS
CASE IN LIGHT OF PLAINTIFF’S NOTICE
Defendants. OF VOLUNTARY DISMISSAL WITHOUT
PREJUDICE
15 (ECF NOS. 6, 8, 9)
17 On October 20, 2023, Plaintiff filed a notice of voluntary dismissal without prejudice under Rule 41(a)(1)(A)(i). Rule 41(a)(1)(A)(i) permits a Plaintiff to dismiss an action without a court order by filing “a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” 21 The Court acknowledges that Defendants have filed a motion to dismiss, since amended, 22 which remains pending. (ECF Nos. 6, 8). However, Plaintiff still has the right to dismiss this 23 case: 24 Under Rule 41(a)(1), a plaintiff has an absolute right voluntarily to dismiss his action prior to service by the defendant…