Opinion
No. CIV-F-04-6586 AWI DLB.
February 14, 2006
ORDER DISMISSING ACTION DUE TO PLAINTIFFS' RULE 41(a)(1)(ii) VOLUNTARY DISMISSAL
On February 13, 2006, Plaintiffs filed a notice of voluntary dismissal with prejudice as to this action pursuant to Federal Rule of Civil Procedure 41(a)(1). All served Defendants have already been dismissed from this action.
Rule 41(a)(1), in relevant part, reads: "an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. . . . ." Because Plaintiff has exercised its right to voluntarily dismiss its complaint under Rule 41(a)(1), this case has terminated. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
Therefore, IT IS HEREBY ORDERED that this action is DISMISSED and the Clerk of the Court is ordered to close this case in light of Plaintiff's Rule 41(a)(1) Voluntary Dismissal.
IT IS SO ORDERED.