Sierra Construction & Excavation, Inc. v. Endurance Assurance Corporation

Good Law
United States District Court, Eastern District of CaliforniaDecember 19, 20231:23-cv-01139California456 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SIERRA CONSTRUCTION & Case No. 1:23-cv-01139-SAB

EXCAVATION, INC.,

ORDER DENYING NOTICE OF Plaintiff, VOLUNTARY DISMISSAL AS PROCEDURALLY IMPROPER v. (ECF No. 13)

ENDURANCE ASSURANCE

CORPORATION, FOURTEEN DAY DEADLINE Defendant.

17 Plaintiff filed this action on August 1, 2023. (ECF No. 1.) On September 15, 2023, Defendant filed an answer to the complaint. (ECF No. 7.) On December 18, 2023, Plaintiff filed a notice of dismissal requesting the Court dismissed the action with prejudice. (ECF No. 13.) The filing does not cite any Federal Rule of Civil Procedure, is only signed by Plaintiff. 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,…

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