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Venida Packing Co. v. Fruit Patch, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jun 28, 2015
No. 1:15-cv-00820---SKO (E.D. Cal. Jun. 28, 2015)

Opinion

No. 1:15-cv-00820---SKO

06-28-2015

VENIDA PACKING COMPANY, a California corporation, Plaintiff, v. FRUIT PATCH, INC., a California Corporation; ALEX GRAU, an individual; and AMERICAN CAPITAL, LTD, a Delaware Corporation, Defendants.


ORDER DIRECTING CLERK OF COURT TO CLOSE CASE

On June 19, 2015, Plaintiff filed a notice of voluntary dismissal, without prejudice, against all Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. 5.)

In relevant part, Rule 41(a)(1)(A) provides as follows:

[A] plaintiff may dismiss an action with a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared.
Fed. R. Civ. P. 41(a)(1)(A). "The plaintiff may dismiss some or all of the defendants, or some or all of his claims, through a Rule 41(a)(1) notice," and the dismissal "automatically terminates the action as to the defendants who are the subjects of the notice." Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Because Plaintiff filed a notice of dismissal before an answer or motion for summary judgment was filed by Defendants, this case has terminated. Rule 41(a)(1)(A)(i).

Accordingly IT IS HEREBY ORDERED that the Clerk of the Court close this case. IT IS SO ORDERED.

Dated: June 28 , 2015

/s/ Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE


Summaries of

Venida Packing Co. v. Fruit Patch, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jun 28, 2015
No. 1:15-cv-00820---SKO (E.D. Cal. Jun. 28, 2015)
Case details for

Venida Packing Co. v. Fruit Patch, Inc.

Case Details

Full title:VENIDA PACKING COMPANY, a California corporation, Plaintiff, v. FRUIT…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jun 28, 2015

Citations

No. 1:15-cv-00820---SKO (E.D. Cal. Jun. 28, 2015)