Nationwide Agribusiness Insurance Company v. Luna

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

NATIONWIDE AGRIBUSINESS No. 1:20-cv-01218-DAD-HBK INSURANCE COMPANY,

Plaintiff, v. DISMISSAL WITH PREJUDICE UNDER

FED. R. CIV. P. 41(a)(1)

JOSE LORENZO RICO LUNA AND DOE 1-20, (Doc. No. 15)

Defendants.

On January 8, 2021, Plaintiff filed a Notice of Voluntary Dismissal under Fed. R. Civ. P. 41(a). (Doc. No. 15). The Notice states the dismissal is with prejudice. (Id.). Under Fed. R. Civ.

19

P. 41(a)(1)(A)(i), a plaintiff may dismiss a case without a court order when the notice of dismissal is filed before the opposing party serves either an answer or a motion for summary judgment. The docket reveals Defendants have neither answered nor filed a motion for summary judgment. Based on Plaintiff’s Notice this case is dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(B); see also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

Accordingly:

This action is dismissed with prejudice under Fed. R. Civ. P. 41(a)(1) and the Clerk of Clerk of Court is directed to close this case.

> | ITIS SO ORDERED. | Dated: January 11, 2021 Moo WN. fered faskth

HELENA M. BARCH-KUCHTA

; UNITED STATES MAGISTRATE JUDGE