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Clark v. Jon Berkley Management

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 1, 2009

PETER C. CLARK, PLAINTIFF,
v.
JON BERKLEY MANAGEMENT, INC., ET AL, DEFENDANTS.

ORDER

On May 27, 2009, plaintiff filed a "Notice of Dismissal [alternatively designated a "Motion to Dismiss"] without Prejudice," pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). See Dckt. Nos. 20-22.

Fed. R. Civ. P. 41(a)(1) provides that "[a]n 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 occurs first." A substantive motion to dismiss filed by defendant will not preclude dismissal upon the request of plaintiff pursuant to Fed. R. Civ. P. 41(a)(1). Unless otherwise stated in the notice, such dismissals are without prejudice. Fed. R. Civ. P. 41(a)(1)(B).

Defendants have served neither an answer nor a dispositive motion. Accordingly, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), this action is dismissed without prejudice. All pending dates are vacated.

SO ORDERED.

20090601

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