Stanley Dobbs v. Lending USA, LLC, et al.

Summary

The United States District Court for the Eastern District of California addresses Plaintiff Stanley Dobbs's notice of voluntary dismissal with prejudice as to Equifax Information Services, LLC under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because no defendant had filed an answer, other responsive pleading, or motion for summary judgment, the court directed the Clerk of Court to terminate Equifax as a defendant.

Holdings

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

Questions Presented

1. Whether a plaintiff may voluntarily dismiss an action as to a defendant under Federal Rule of Civil Procedure 41(a)(1)(A)(i) before that defendant serves an answer or motion for summary judgment.
2. Whether the clerk should terminate Equifax Information Services, LLC from the action following the notice of voluntary dismissal.

Disposition

dismissed