Duffy v. Maxwell Technologies, Inc., 19cv1094-LAB (AHG). (2020)
Court: District Court, N.D. California
Number: infdco20200205d26
Visitors: 7
Filed: Feb. 04, 2020
Latest Update: Feb. 04, 2020
Summary: ORDER OF DISMISSAL; ORDER DENYING MOTION TO DISMISS AS MOOT [Dkt. 18] LARRY ALAN BURNS , Chief District Judge . 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 or motion for summary judgment, and Plaintiff therefore retains the right to unilaterally dismiss the action. See Concha v. London, 62 F.3d 1493 , 1506 (9th Cir. 1995) ("Even if the defendant has filed a
Summary: ORDER OF DISMISSAL; ORDER DENYING MOTION TO DISMISS AS MOOT [Dkt. 18] LARRY ALAN BURNS , Chief District Judge . 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 or motion for summary judgment, and Plaintiff therefore retains the right to unilaterally dismiss the action. See Concha v. London, 62 F.3d 1493 , 1506 (9th Cir. 1995) ("Even if the defendant has filed a m..
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ORDER OF DISMISSAL;
ORDER DENYING MOTION TO DISMISS AS MOOT [Dkt. 18]
LARRY ALAN BURNS, Chief District Judge.
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 or motion for summary judgment, and Plaintiff therefore retains the right to unilaterally dismiss the action. See Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) ("Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by 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 currently scheduled for April 13, 2020 is VACATED.
IT IS SO ORDERED.
Source: Leagle
