Moland v. Bank of America, N.A.

Summary

The United States District Court for the Eastern District of California addresses Plaintiff’s notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1). The court directs the Clerk to adjust the docket to reflect the dismissal without prejudice, vacates pending dates, and terminates pending matters.

Holdings

1. A plaintiff may voluntarily dismiss an action without a court order under Rule 41(a)(1)(A)(i) when the defendant has not served an answer or a motion for summary judgment; the filing of a motion to dismiss does not prevent the voluntary dismissal.
2. The notice of voluntary dismissal was effective upon filing, and the court directed the clerk to reflect the dismissal, vacate all pending dates, terminate pending matters, and close the case.

Questions Presented

1. Whether plaintiff could voluntarily dismiss the action without a court order after defendant had filed a motion to dismiss but had not filed an answer or a motion for summary judgment.
2. Whether the clerk should adjust the docket to reflect the voluntary dismissal and close the case.

Disposition

dismissed