Crius Corp v. Home Depot, U.S.A., Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CRIUS CORP, Case No. 1:23-cv-01479-ADA-EPG Plaintiff, v. ORDER RE: NOTICE OF VOLUNTARY
DISMISSAL
HOME DEPOT, U.S.A., INC., et al., (ECF No. 9) Defendants.
16 This matter is before the Court on Plaintiff’s notice of voluntary dismissal (ECF No. 9), which states that “[t]his action is dismissed by the Plaintiff(s) in its entirety,” and is made pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), as Defendants have not filed an answer or a motion for summary judgment.1 In light of the voluntary dismissal, this action has 20 been terminated, Fed. R. Civ. P. 41(a)(1)(A)(i), and has been dismissed. See Wilson v. City of San 21 Jose, 111 F.3d 688, 692 (9th Cir. 1997). 22 \\\ 23 \\\ 24 \\\
1 The notice of voluntary dismissal does not specify whether the dismissal is with or without prejudice. The Court notes that Rule 41(a)(1)(B) provides as follows: “Unless the notice or stipulation states otherwise, the dismissal is without…