Hellenic Petroleum LLC v. Sacramento Energy Resources, LLC

Opinion

UNITED STATES DISTRICT COURT HELLENIC PETROLEUM, LLC, Case No. 1:19-cv-00491-AWI-SAB Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST DOCKET v. TO REFLECT VOLUNTARY DISMISSAL SACRAMENTO ENERGY RESOURCES, (ECF No. 21) LLC, et al., Defendants.

This action was filed on April 12, 2019. (ECF No. 1.) On September 30, 2019, the Court ordered Plaintiff to file an amended complaint within twenty-one days in line with the Court’s order on Defendants’ motion to dismiss. (ECF No. 20.) On October 21, 2019, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF No. 21.) “[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.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). The Ninth Circuit has held that Rule 41(a) allows a plaintiff to dismiss without a court order any defendant who has yet to serve an answer or motion for summary judgment. Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). “[A] dismissal under 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 do anything about it.” Commercial Space Mgmt. Co., Inc., 193 F.3d at 1078. Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). IT IS SO ORDERED. LF. 2 Po g | Dated: _ October 23, 2019

UNITED STATES MAGISTRATE JUDGE