Rodriguez v. Trans Union, LLC

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 CARMEN RODRIGUEZ, Case No. 1:24-cv-00124-JLT-SAB

12 Plaintiff, ORDER DISREGARDING NOTICE OF VOLUNTARY DISMISSAL 13 v. (ECF No. 24) FOURTEEN DAY DEADLINE 15 Defendant.

16 17 On January 26, 2024, this matter was removed from the Tulare County Superior Court. 18 (ECF No. 1.) On March 13, 2024, Defendant filed an answer to the complaint. (ECF No. 5.) 19 On June 18, 2024, Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1) of the 20 Federal Rules of Civil Procedure. (ECF No. 24.) 21 Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, “a plaintiff has an 22 absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a 23 motion for summary judgment.” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 24 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 25 1997)). Here, Defendant has filed an answer, so Plaintiff cannot voluntarily dismiss this action 26 pursuant to Rule 41(a)(1)(A)(i). 27 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have 1 | appeared.” Fed. R. Civ. P. 41(a)(1)(A)Gi). 2 A party may also dismiss an action by filing a motion requesting the Court to dismiss the 3 | action. Fed. R. Civ. P. 41(a)(2).. A motion for voluntary dismissal under Rule 41(a)(2) is 4 | addressed to the sound discretion of the district court. Hamilton v. Firestone Tire & Rubber Co. 5 | Inc., 679 F.2d 143, 145 (9th Cir. 1982). 6 Plaintiff's notice of voluntary dismissal is defective under Rule 41(a) because it is not a 7 | signed stipulation by all parties who have appeared and it is not a motion under Rule 41(a)(2). If 8 | Plaintiff wishes to dismiss this action, he is required to comply with the procedures set forth in 9 | Rule 41 by filing a stipulation that complies with Rule 41(a)(1)(A)@i) or a motion under Rule 10 | 41(a)(2). 11 Accordingly, Plaintiffs notice of voluntary dismissal is HEREBY DISREGARDED. 12 | Plaintiff shall file a request for dismissal that complies with Rule 41 within fourteen (14) days 13 | from the date of entry of this order. 14 15 IT IS SO ORDERED. FA. ee 16 | Dated: _ June 19, 2024 UNITED STATES MAGISTRATE JUDGE

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