Granada v. TD Bank USA, N.A.

Opinion

7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

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

11 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET 12 v. TO REFLECT VOLUNTARY DISMISSAL

13 EXPERIAN INFORMATION SOLUTIONS, (ECF No. 28) INC., 14 Defendant. 15 16 On August 13, 2025, Plaintiff filed a notice of voluntary dismissal of this action with 17 prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). (ECF No. 28.) 18 Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘a plaintiff has an 19 absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a 20 motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 21 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 22 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to dismiss without a court 23 order any defendant who has yet to serve an answer or motion for summary judgment. Pedrina 24 v. Chun, 987 F.2d 608, 609 (9th Cir. 1993); see also Concha v. London, 62 F.3d 1493, 1506 (9th 25 Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his 26 action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”). “[A] dismissal under 27 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to 1 | do anything about it.” Commercial Space Mgmt. Co., Inc., 193 F.3d at 1078. Accordingly, as 2 | no answer or motion for summary judgment has been filed by Defendant, the notice of voluntary 3 | dismissal is effective under Rule 41(a)(1). 4 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 5 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 6 7 IT IS SO ORDERED. FA. Se g | Dated: _ August 13, 2025 " STANLEY A. BOONE 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28