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Nguyen v. American Voyage Corp.

July 9, 2008

DU TRUONG NGUYEN, PLAINTIFF,
v.
AMERICAN VOYAGE CORPORATION, JOHN CHUNG NGUYEN, JOHN DOE DEFENDANTS, DEFENDANTS.



The opinion of the court was delivered by: Reagan, District Judge

ORDER

On May 19, 2008, Plaintiff Nguyen filed the above-caption action. On July 8, 2008 Plaintiff filed a notice of voluntary dismissal (Doc. 16). No Defendant has answered or filed a motion for summary judgment.

FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) provides that a plaintiff may dismiss an action without order of the Court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment."

Accordingly, pursuant to Rule 41 and Plaintiff's notice (Doc. 16), the Court hereby DISMISSES the claims against the Defendants without prejudice. Consequently, the Court DENIES AS MOOT the pending motion (Doc. 12) and CANCELS the hearing set for July 10, 2008 (see Doc. 14).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20080709

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