Kumar

Kumar v. Jaddou

Good Law
United States District Court, Eastern District of CaliforniaOctober 23, 20231:23-cv-01263California328 words

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…

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