Mark Coleman, et al. v. Nuttal, Inc., et al.
This text of Mark Coleman, et al. v. Nuttal, Inc., et al. (Mark Coleman, et al. v. Nuttal, Inc., et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
8 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA 11 MARK COLEMAN, et al., Case No. 1:25-cv-00988-JLT-SAB 12 Plaintiffs, ORDER DIRECTING CLERK OF COURT 13 TO TERMINATE SOUTHWEST PENSION v. ADMINISTRATION, LLC 14 NUTTAL, INC., et al., (ECF No. 44) 15 Defendants. 16 17 Plaintiff has filed a notice of voluntary dismissal of the action without prejudice as to 18 Defendant Southwest Pension Administration, LLC, pursuant to Rule 41(a)(1)(A)(i) of the 19 Federal Rules of Civil Procedure. 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). “[A] dismissal under 24 Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no 25 action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to 26 do anything about it.” Id. at 1078; see also Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993). 27 In this action, no defendant has filed an answer, other responsive pleading, or motion for summary judgment. 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to TERMINATE Defendant 2 | Southwest Pension Administration, LLC, in this action. 3 4 IT IS SO ORDERED. FA. Se 5 | Dated: _ February 10, 2026 STANLEY A. BOONE 6 United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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