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Home Source documents Order Mooting Motion for Summary Judgment after Notice of Voluntary Dismissal — United States ex rel. Loren Qualls v. Small Business Administration (Dkt. 7, E.D. Cal.)

Order Mooting Motion for Summary Judgment after Notice of Voluntary Dismissal — United States ex rel. Loren Qualls v. Small Business Administration (Dkt. 7, E.D. Cal.)

Summary

In this order filed 01/17/23 in Case No. 1:22-cv-00511-JLT-HBK (E.D. Cal.), U.S. Magistrate Judge Helena M. Barch-Kuchta closes a suit brought by relator Loren Qualls and TheKarmicLeaf against the Small Business Administration, the Supplemental Targeted Advance Program and named individuals. The caption is headed "Notice of Voluntary Dismissal with Prejudice," while the order says the relator's notice (Doc. No. 6) sought dismissal without prejudice. Because no defendant had answered or moved for summary judgment, and the United States had not intervened, the action ended by operation of law under Rule 41(a)(1)(A)(i). The order declares the relator's summary judgment motion moot, directs the clerk to close the case and, at the government's request, unseals all documents in the case.

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Full text

      Case 1:22-cv-00511-JLT-HBK Document 7 Filed 01/17/23 Page 1 of 2


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 8                                  UNITED STATES DISTRICT COURT
 9                           FOR THE EASTERN DISTRICT OF CALIFORNIA
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11    UNITED STATES OF AMERICA,                            No. 1:22-cv-00511-JLT-HBK
      LOREN QUALLS, THEKARMICLEAF, a
12    Limited Liability Company,                           NOTICE OF VOLUNTARY DISMISSAL
                                                           WITH PREJUDICE UNDER FED. R. CIV. P.
13                        Plaintiffs,                      41(a)(1)(A)(i)
14            v.                                           (Doc. No. 6)
15    SMALL BUSINESS ADMINISTRATION,                       ORDER MOOTING MOTION FOR
      an independent agency of the federal                 SUMMARY JUDGMENT
16    government; SUPPLEMENTAL
      TARGETED ADVANCE PROGRAM, a                          (Doc. No. 4)
17    non-for-profit initiative, Isabella Guzman,
      Antwan Griffin, Mark Lingren, Diedra
18    Henry-Spires, Major Clark, Kendall
      Corely, Francisco Sanchez, and June Healy
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                          Defendants.
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23           Pending before the Court is the Relator’s Notice of Voluntary Dismissal filed January 11,

24   2023. (Doc. No. 6). Relator file a notice to dismiss the instant action without prejudice. (Id.)

25   (emphasis added). Federal Rule of Civil Procedure 41(a)(1)(A)(i) permits a plaintiff to “dismiss an

26   action without a court order by filing . . . a notice of dismissal before the opposing party serves either

27   an answer or a motion for summary judgment.” Id. As of the date of this order, no Defendant

28   entered either an answer or a motion for summary judgment. (See docket). Further, the United
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      Case 1:22-cv-00511-JLT-HBK Document 7 Filed 01/17/23 Page 2 of 2


 1   States has not intervened in this action. Based on the Relator’s notice, this action is terminated by
 2   operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). The
 3   voluntary dismissal moots the Relator’s pending motion for summary judgment.
 4            In its Consent to Voluntary Dismissal, the United States requests the following documents
 5   be unsealed: the Relator’s Complaint, the Relator’s Notice of Voluntary Dismissal, the United
 6   States Notice of Consent, and this Order. (Doc. No. 5 at 2). Local Rule 141(f) permits the Court
 7   upon a finding of good cause to unseal documents either upon the motion of any person or upon
 8   the Court’s own motion. The Court finds good cause to unseal all documents in this case.
 9            Accordingly, it is ORDERED:
10            1. The motion for summary judgment filed on behalf of Relator (Doc. No. 4) is MOOT.
11            2. The Clerk of Court shall terminate all pending deadlines and CLOSE this action to
12   reflect Relator’s Notice of Voluntary Dismissal consistent with Fed. R. Civ. P. 41(a)(1)(A)(i).
13            3. The Clerk of Court shall UNSEAL all documents in this case.
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     Dated:      January 17, 2023
16                                                      HELENA M. BARCH-KUCHTA
                                                        UNITED STATES MAGISTRATE JUDGE
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