Knutson v. TransUnion, LLC

• Court: District Court, E.D. California
• Decided: April 3, 2025
• Docket: 1:25-cv-00255
• Status: Unknown

Opinion

7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 TAMMY KNUTSON, Case No. 1:25-cv-00255-JLT-SAB

11 Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE TRANSUNION, 12 v. LLC AS A DEFENDANT IN THIS ACTION

13 TRANSUNION, LLC, et al., (ECF No. 19)

14 Defendants.

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