ORDER DENYING AS MOOT MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION

Re: Dkt. No. 74.

LUCY H. KOH, District Judge.

On April 25, 2016, the Court dismissed with prejudice Plaintiff Gary Minor's ("Plaintiff") claims against Defendants FedEx Office & Print Services and Federal Express Corporation. ECF No. 72. The Court also dismissed with leave to amend Plaintiff's claims against Defendants Lance Freitas ("Freitas") and Gallagher Basset Services, Inc. Id. On May 4, 2016, Freitas filed a motion for leave to file a motion for reconsideration asking the Court to dismiss with prejudice Plaintiff's claims against Freitas. ECF No. 74.

On May 10, 2016, Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). A plaintiff may voluntarily dismiss under Rule 41(a) until service by an adverse party of an answer or a motion for summary judgment. See Fed. R. Civ. P. 41; Heun v. Gibbs, 909 F.2d 1488 (9th Cir. 1990). A pending motion to dismiss is not the equivalent of a motion for summary judgment for purposes of Rule 41(a)(1)(A)(i). See Miller v. Reddin, 422 F.2d 1264, 1266 (9th Cir.1970). Additionally, voluntary dismissal by a plaintiff under Rule 41(a)(1)(A)(i) automatically terminates the action; no order of the court is required. Miller v. Reddin, 422 F.2d 1264, 1266 (9th Cir. 1970). Accordingly, Plaintiff's case has been voluntarily dismissed and Freitas's motion for leave to file a motion for reconsideration is DENIED as moot.

IT IS SO ORDERED.