Granada v. TD Bank USA, N.A.

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 NOIDA GRANADA, Case No. 1:25-cv-00200-KES-SAB

12 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE TD BANK USA, 13 v. N.A. AS A DEFENDANT IN THIS ACTION

14 TD BANK USA, N.A., et al., (ECF No. 22)

15 Defendants.

16 17 On June 11, 2025, Plaintiff filed a notice of dismissal of Defendant TD Bank USA, N.A. 18 with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (ECF 19 No. 22.) 20 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his 21 action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 22 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 23 (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 24 held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 25 to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 26 Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 27 the parties are left as though no action had been brought, the defendant can’t complain, and the 1 | F.3d at 1078. Defendant TD Bank USA, N.A. has not filed an answer or a motion for summary 2 | judgment in this action. 3 Accordingly, the Clerk of the Court is DIRECTED to terminate TD Bank USA, N.A. as a 4 | defendant in this action. 5 6 IT IS SO ORDERED. FA. ee 7 | Dated: _ June 11, 2025 STANLEY A. BOONE 8 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28