Ermert

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 FALCO ERMERT, Case No. 1:23-cv-01037-JLT-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET TO v. REFLECT VOLUNTARY DISMISSAL 13 MODERNLY INC et al., (ECF No. 11) Defendants. 15 16 This action was filed on September 8, 2023. (ECF No. 1.) On November 28, 2023, Plaintiff filed a notice of voluntary dismissal with prejudice and with each party to bear its own costs, attorneys’ fees, and expenses pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF No. 11.) “[U]nder Rule 41(a)(1)(A)(i), ‘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 41(a) allows a plaintiff to…