Arendas v. Altizer
- Charles Breyer
- 3:20-cv-02041
- U.S. District Court · Northern District of California
- 2
In Arendas v. Altizer, Judge Breyer dismissed Arendas’s action without prejudice after he filed a voluntary-dismissal notice.
Peter John Arendas’s action against Keith Altizer was dismissed without prejudice, and the case was closed.
What happened
In Arendas v. Altizer, Peter John Arendas told the clerk that he would dismiss the action under Federal Rule of Civil Procedure 41(a)(1)(A).
The court treated the letter as a notice of voluntary dismissal and dismissed the action without prejudice. It also directed the clerk to close the case and treat all pending motions as moot.
Judge Charles R. Breyer issued the order on April 24, 2020. The opinion does not address the underlying claims.
The detailed version
- Arendas v. Altizer · No. 3:20-cv-02041
- Charles Breyer
- Apr. 24, 2020
Background
Peter John Arendas filed a letter stating that he “will be dismissing” the action under Federal Rule of Civil Procedure 41(a)(1)(A). The opinion does not describe the claims against Keith Altizer.
Court’s action
The court construed Arendas’s letter as a notice of voluntary dismissal under Rule 41(a)(1)(A). It dismissed the action without prejudice. The court cited Ninth Circuit authority stating that a plaintiff has an “absolute right” to voluntarily dismiss an action before the defendants serve an answer or a motion for summary judgment, leaving no role for the court to play.
The clerk was directed to close the case and terminate all pending motions as moot.
Result
The action was dismissed without prejudice. The order did not decide the underlying claims. Judge Charles R. Breyer signed the order on April 24, 2020.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.