BMO Bank N.A. fka BMO Harris Bank N.A. v. ABS Xpress, Inc., Benjamin Samano, an individual resident and citizen of California; Does 1-10

Summary

The United States District Court for the Eastern District of California directs the Clerk to close the case and adjust the docket after the plaintiff filed a notice voluntarily dismissing the entire action without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The court notes that no answer or other responsive pleading had been filed and that the dismissal was effective upon filing.

Holdings

1. A plaintiff has an absolute right to voluntarily dismiss an action under Rule 41(a)(1)(A)(i) before the defendant serves an answer or motion for summary judgment.
2. A Rule 41(a)(1) dismissal is effective upon filing, requires no court order, and leaves the parties as though no action had been brought; the clerk was therefore directed to close the case and adjust the docket.

Questions Presented

1. Whether plaintiff could voluntarily dismiss the entire action without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i) before defendants filed an answer or motion for summary judgment.
2. Whether a court order was required to effectuate the voluntary dismissal and whether the clerk should close the case.

Disposition

dismissed