Dobbs v. Lending USA, LLC et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
STANLEY DOBBS,
Plaintiff,
v.
LENDING USA, LLC, et al.,
Defendants.
Case No. 1:25-cv-01451-SAB
ORDER DIRECTING CLERK OF COURT
TO TERMINATE DEFENDANT EQUIFAX
INFORMATION SERVICES, LLC
(ECF No. 12)
On January 8, 2026, Plaintiff filed a notice of voluntary dismissal of the action with
prejudice as to Defendant Equifax Information Services, LLC, pursuant to Rule 41(a)(1)(A)(i) of
the Federal Rules of Civil Procedure.
“[U]nder Rule 41(a)(1)(A)(i), ‘a plaintiff has an absolute right to voluntarily dismiss his
action prior to service by the defendant of an answer or a motion for summary judgment.’”
Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999),
quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). “[A] dismissal under
Rule 41(a)(1) is effective on filing, no court order is required, the parties are left as though no
action had been brought, the defendant can’t complain, and the district court lacks jurisdiction to
do anything about it.” Id. at 1078; see also Pedrina v. Chun, 987 F.2d 608, 609 (9th Cir. 1993).
In this action, no defendant has filed an answer, other responsive pleading, or motion for
summary judgment.

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Accordingly, the Clerk of the Court is HEREBY ORDERED to TERMINATE Defendant
Equifax Information Services, LLC, in this action.
IT IS SO ORDERED.
Dated: January 9, 2026
STANLEY A. BOONE
United States Magistrate Judge