Opinion
No. 12-cv-5778-RBL
03-28-2013
HONORABLE RONALD B. LEIGHTON
ORDER
(Dkt. #28)
Plaintiffs cannot, as they have attempted, dismiss this case simply by filing a Notice of Dismissal (Dkt. #30) because Defendants have already answered their Complaint. Answer, Dkt. #12; see Fed. R. Civ. P. 41(a)(1)(A)(i) (providing that a "plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" (emphasis added)). The Court has reviewed Defendants' Motion to Dismiss and supporting declaration. Plaintiffs failed to respond. The Motion to Dismiss (Dkt. #28) is GRANTED, and the case is DISMISSED WITH PREJUDICE.
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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE