URIARTE v. PIEDMONT AIRLINES, INC., CV-16-1107-SMM. (2017)
Court: District Court, E.D. California
Number: infdco20170403906
Visitors: 3
Filed: Mar. 31, 2017
Latest Update: Mar. 31, 2017
Summary: ORDER STEPHEN M. McNAMEE , Senior District Judge . Pending before the Court is Plaintiff Maria Uriarte's Fed. R. Civ. P. 41(a)(1)(A)(i) notice of voluntary dismissal with prejudice. (Doc. 11.) Under Rule 41(a)(1)(A), Plaintiff may voluntarily dismiss her action without a court order by filing either, (i) "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment," or (ii) "a stipulation of dismissal signed by all parties who have appeared." F
Summary: ORDER STEPHEN M. McNAMEE , Senior District Judge . Pending before the Court is Plaintiff Maria Uriarte's Fed. R. Civ. P. 41(a)(1)(A)(i) notice of voluntary dismissal with prejudice. (Doc. 11.) Under Rule 41(a)(1)(A), Plaintiff may voluntarily dismiss her action without a court order by filing either, (i) "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment," or (ii) "a stipulation of dismissal signed by all parties who have appeared." Fe..
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ORDER
STEPHEN M. McNAMEE, Senior District Judge.
Pending before the Court is Plaintiff Maria Uriarte's Fed. R. Civ. P. 41(a)(1)(A)(i) notice of voluntary dismissal with prejudice. (Doc. 11.) Under Rule 41(a)(1)(A), Plaintiff may voluntarily dismiss her action without a court order by filing either, (i) "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment," or (ii) "a stipulation of dismissal signed by all parties who have appeared." Fed.R.Civ.P. 41 (a)(1)(A)(i)-(ii). Plaintiff's notice of voluntary dismissal with prejudice is pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), as Defendant has not filed an Answer to Plaintiff's Complaint. (Id.) Accordingly,
IT IS HEREBY ORDERED DISMISSING THIS ACTION WITH PREJUDICE with each party to bear its own costs and attorney's fees. (Doc. 11.)
Source: Leagle
