United States Liability Insurance Company v. Newline Transport, Inc.

Opinion

8 UNITED STATES DISTRICT COURT 9 11 UNITED STATES LIABILITY Case No. 1:24-cv-01602-JLT-SAB ORDER DIRECTING CLERK OF COURT 13 Plaintiff, TO TERMINATE DEFENDANT GURJINDER SINGH 14 v. (ECF No. 28) 15 NEWLINE TRANSPORT, INC., et al., 16 Defendants.

17 On June 13, 2025, Plaintiff filed a notice of voluntary dismissal of the action without 18 prejudice as to Defendant Gurjinder Singh, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules 19 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 1 | summary judgment. 2 Accordingly, the Clerk of the Court is HEREBY ORDERED to TERMINATE Defendant 3 | Gurjinder Singh in this action. 4 5 IT IS SO ORDERED. FA. ee 6 | Dated: _ June 16, 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