Duffy

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 || JAMES DUFFY, individually and on behalf CASE NO. 19cv1094-LAB (AHG) of others similarly situated, Plaintiff, ORDER OF DISMISSAL; vs. ORDER DENYING MOTION TO DISMISS AS MOOT [Dkt. 18] MAXWELL TECHNOLOGIES, INC., et al., Defendants. 14 Plaintiff James Duffy moves to voluntarily dismiss this action without prejudice. Although Defendants have filed a motion to dismiss, (Dkt. 18), they have not filed an answer 17 || or motion for summary judgment, and Plaintiff therefore retains the right to unilaterally 18 || dismiss the action. See Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the 19 || defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by 20 || filing a notice of dismissal under Rule 41(a)(1).”). This action is DISMISSED WITHOUT || PREJUDICE. Defendants’ Motion to Dismiss is DENIED AS MOOT. Dkt. 18. The hearing 22 || currently scheduled for April 13, 2020 is VACATED.…