Granada v. TD Bank USA, N.A.

Summary

The United States District Court for the Eastern District of California directs the Clerk to terminate TransUnion, LLC as a defendant after Plaintiff filed a notice of dismissal with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The court explains that dismissal was effective upon filing because TransUnion had not served an answer or a motion for summary judgment.

Holdings

1. A plaintiff has an absolute right to voluntarily dismiss an action or a defendant before that defendant serves an answer or a motion for summary judgment, and the dismissal is effective upon filing without a court order.
2. Because the dismissal was effective upon filing, the clerk was directed to terminate TransUnion, LLC as a defendant in the action.

Questions Presented

1. Whether Plaintiff could voluntarily dismiss TransUnion, LLC without a court order under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
2. Whether the clerk should terminate TransUnion, LLC as a defendant after the notice of dismissal was filed.

Disposition

other