Schutza v. Newport Diversified, Inc., 19-CV-01642 W (MSB). (2019)
Court: District Court, N.D. California
Number: infdco20191209895
Visitors: 7
Filed: Dec. 05, 2019
Latest Update: Dec. 05, 2019
Summary: ORDER GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) [DOC. 12] THOMAS J. WHELAN , District Judge . Pending before the Court is Plaintiff's motion for voluntary dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). [Doc. 12.] Federal Rule of Civil Procedure 41(a)(1) allows a plaintiff to voluntarily dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either
Summary: ORDER GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) [DOC. 12] THOMAS J. WHELAN , District Judge . Pending before the Court is Plaintiff's motion for voluntary dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). [Doc. 12.] Federal Rule of Civil Procedure 41(a)(1) allows a plaintiff to voluntarily dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either a..
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ORDER GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2) [DOC. 12]
THOMAS J. WHELAN, District Judge.
Pending before the Court is Plaintiff's motion for voluntary dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). [Doc. 12.] Federal Rule of Civil Procedure 41(a)(1) allows a plaintiff to voluntarily dismiss an action without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1). Defendants have neither served an answer nor a motion for summary judgment in this case. Thus, Plaintiff was free to dismiss the action without resort to Federal Rule of Civil Procedure 41(a)(2).
Nevertheless, for the reasons stated above, the Court GRANTS Plaintiff's motion for voluntary dismissal with prejudice. [Doc. 12.]
IT IS SO ORDERED.
Source: Leagle
