Opinion
21-cv-08102-SVK
01-05-2023
SCOTT JOHNSON, Plaintiff, v. GENNARO'S LIMITED LIABILITY COMPANY, et al., Defendants.
ORDER GRANTING PLAINTIFF'S REQUEST TO DISMISS CASE
SUSAN VAN KEULEN, United States Magistrate Judge.
On January 4, 2023, Plaintiff Scott Johnson filed a notice stating that he voluntarily dismissed this case without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Dkt. 78. That rule allows a plaintiff to dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Fed. R. Civ. Proc. 41(a)(1)(A)(i). However, this procedure is not available to Plaintiff because Defendants filed an answer in this action. Dkt. 10. Accordingly, a court order is required to dismiss the case.
The Court treats Plaintiff's notice of dismissal as a request for an order dismissing this case pursuant to Federal Rule of Civil Procedure 41(a)(2). All Parties have consented to the jurisdiction of a magistrate judge. Dkt. 7, 11, 30. The Court hereby GRANTS Plaintiff's request for dismissal, ORDERS this action dismissed without prejudice, and TERMINATES AS MOOT Plaintiff's motion for default judgment at Dkt. 70. The Clerk of Court shall close this file.
SO ORDERED.