Opinion
CASE NO. 09 CV 913 JM (POR).
October 19, 2009
ORDER GRANTING VOLUNTARY DISMISSAL OF DEFENDANT DUMANIS; DENYING DEFENDANT DUMANIS'S MOTION TO DISMISS AS MOOT Doc. Nos. 12, 7
Pending before the court is Plaintiff's request for voluntary dismissal of Defendant Dumanis without prejudice. (Doc. No. 12). A "plaintiff may 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.P. 41(a)(1)(A)(i). Defendant Dumanis has filed a motion to dismiss, but has not filed either an answer or a motion for summary judgment. Accordingly, the action against Defendant Dumanis is hereby DISMISSED WITHOUT PREJUDICE.
Furthermore, Defendant Dumanis's motion to dismiss (Doc. No. 7) is hereby DENIED as moot.
IT IS SO ORDERED.