Brooke v. Orli La Jolla Re LLC

• Court: District Court, S.D. California
• Decided: January 27, 2025
• Docket: 3:24-cv-02237
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 THERESA BROOKE, Case No.: 24-cv-2237-RSH-BLM

12 Plaintiff, ORDER DISMISSING CASE WITH 13 v. PREJUDICE 14 ORLI LA JOLLA RE LLC, 15 Defendant. 16 17 18 19 On January 26, 2025, Plaintiff filed a Notice of Voluntary Dismissal, pursuant to 20 Federal Rule of Civil Procedure 41(a)(1)(A)(i). ECF No. 5. A plaintiff has an “absolute 21 right” to “voluntarily [] dismiss an action when the defendant has not yet served an answer 22 or a summary judgment motion.” Am. Soccer Co. v. Score First Enters., 187 F.3d 1108, 23 1110 (9th Cir. 1999). A voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) is self- 24 executing and requires no further action by the court. United States v. 475 Martin Lane, 25 545 F.3d 1134, 1145–46 (9th Cir. 2008). 26 // 27 // 28 // 1 In light of Plaintiff's notice, it is HEREBY ORDERED that this action be 2 || DISMISSED WITH PREJUDICE. The Clerk of the Court is DIRECTED to close the 3 || case. 4 IT IS SO ORDERED. . 5 || Dated: January 27, 2025 [ebut Howe 6 Hon. Robert S. Huie United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28