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 REQUIRING PLAINTIFF TO FILE DISPOSITIONAL DOCUMENTS AS TO 13 v. DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC. 14 TD BANK USA, N.A., et al., ORDER DIRECTING THE CLERK OF THE 15 Defendants. COURT TO TERMINATE EQUIFAX INFORMATION SERVICES, LLC AS A

17 (ECF No. 24)

18 JULY 14, 2025 DEADLINE 19 On July 7, 2025, Plaintiff filed a notice of dismissal of Defendant Equifax Information 20 Services, LLC with prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil 21 Procedure. (ECF No. 24.) Plaintiff contends “all parties have now been dismissed and this 22 matter may be dismissed in its entirety.” (Id.) However, Defendant Experian Information 23 Solutions, Inc. remains a Defendant in this action as no dispositional documents have been filed 24 related to its dismissal. (See ECF No. 22 (maintaining that, despite a notice of settlement being 25 filed (ECF No. 20) as to Experian, “Plaintiff’s claims against Experian Information Solutions, 26 Inc. remain pending.”).) 27 “[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a motion for summary judgment.’ ” 1 | Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 2 | (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has 3 | held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet 4 | to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th 5 | Cir. 1993). “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required, 6 | the parties are left as though no action had been brought, the defendant can’t complain, and the 7 | district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co.., Inc., 193 8 | F.3d at 1078. Defendant Equifax Information Services, LLC has not filed an answer or a motion 9 | for summary judgment in this action. 10 Accordingly, the Clerk of the Court is DIRECTED to terminate Equifax Information 11 | Services, LLC as a defendant in this action. 12 Further, Plaintiff SHALL file dispositional documents for Defendant Experian 13 | Information Solutions, Inc. no later than July 14, 2025, in accordance with the Court’s May 14, 14 | 2025 order (ECF No. 21). 15 16 IT IS SO ORDERED. FA. ee 17 | Dated: _ July 8, 2025 STANLEY A. BOONE 18 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28