Jose Escobedo v. Irma Pimentel d/b/a Marisocos El Tarasco, et al.

Summary

The United States District Court for the Eastern District of California directs the Clerk of Court to close the case and adjust the docket to reflect the plaintiff’s voluntary dismissal with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The court explains that the dismissal was effective upon filing because no defendant had filed an answer or motion for summary judgment.

Holdings

1. A plaintiff has an absolute right to voluntarily dismiss an action before the defendant serves an answer or a motion for summary judgment, and the dismissal is effective upon filing without a court order.

Questions Presented

1. Whether the clerk should close the case and adjust the docket after Plaintiff filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i) before service of an answer or motion for summary judgment.

Disposition

dismissed