Hildebrandt v. Google LLC
- Proceeding
- district
- Area
- civil
- Panel
- Robert Steven Huie (author)
Analysis
Plaintiff Power Density Solutions, LLC filed a Notice of Voluntary Dismissal after Defendant Google LLC had not yet served an answer. The court ordered the case dismissed without prejudice and directed the Clerk to close the case.
| What the court decided | The model |
|---|---|
Case dismissed without prejudice“IT IS HEREBY ORDERED that this action be DISMISSED WITHOUT PREJUDICE.” | agree with court The dismissal is procedurally correct. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may unilaterally dismiss an action by filing a notice of dismissal if the defendant has not yet served an answer or a motion for summary judgment. The order recites that the defendant had not served an answer, satisfying the condition for the plaintiff's absolute right to dismiss. The dismissal is without prejudice, which is the standard consequence of a voluntary dismissal under this rule. |
The order itself: sound — The order correctly applies Federal Rule of Civil Procedure 41(a)(1)(A)(i) to the facts presented (notice filed, no answer served). It cites appropriate Ninth Circuit authority to support the proposition that the dismissal is self-executing and without prejudice. The reasoning is complete for this procedural matter.
Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 POWER DENSITY SOLUTIONS, LLC, Case No.: 24-cv-1437-RSH-JLB 13 Plaintiff, ORDER DISMISSING CASE 14 v. WITHOUT PREJUDICE 15 GOOGLE LLC, [ECF No. 21] 16 Defendant. 17 18 19 20 On November 12, 2024, Plaintiff filed a Notice of Voluntary Dismissal. ECF No. 21 21. Defendant has not served an answer. Under Federal Rule of Civil Procedure 22 41(a)(1)(A)(i), a plaintiff has an “absolute right” to “voluntarily [] dismiss an action when 23 the defendant has not yet served an answer or a summary judgment motion.” Am. Soccer 24 Co. v. Score First Enterprises, 187 F.3d 1108, 1110 (9th Cir. 1999). A voluntary dismissal 25 pursuant Rule 41(a)(1)(A)(i) is self-executing and requires no further action by the Court. 26 United States v. 475 Martin Lane, 545 F.3d 1134, 1145 (9th Cir. 2008). In light of 27 Plaintiff’s notice, IT IS HEREBY ORDERED that this action be DISMISSED 28 WITHOUT PREJUDICE. 1 The Clerk of the Court is DIRECTED to close the case. 2 IT IS SO ORDERED. ; 3 Dated: November 13, 2024 fehw 7 ‘ Howe 4 Hon. Robert S. Huie United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28