Gemma Amboy v. Exodus Recovery, Inc., et al.

Summary

The United States District Court for the Eastern District of California ordered the termination and closure of the action after Plaintiff Gemma Amboy filed a notice of voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The court directed the clerk to vacate pending dates and deadlines, terminate a motion to withdraw as attorney as no longer pending, and close the case.

Holdings

1. A plaintiff may voluntarily dismiss an action without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i) when no defendant has served an answer or motion for summary judgment; Plaintiff's notice therefore terminated the action.
2. The action was dismissed without prejudice, pending dates and deadlines were vacated, the motion to withdraw as attorney was terminated as no longer pending, and the case was closed.

Questions Presented

1. Whether Plaintiff's notice of voluntary dismissal without prejudice was effective under Federal Rule of Civil Procedure 41(a)(1)(A)(i) when no defendant had served an answer or motion for summary judgment.
2. What disposition and administrative actions should follow the effective voluntary dismissal.

Disposition

dismissed