1 Any Attorney or Party

Any Street
2 Any City, CA 99999

3 555-555-5555

4 Any Attorney or Party

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UNITED STATES DISTRICT COURT
9 _______ DISTRICT OF ______________

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Any Plaintiff, ) Case No.
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Plaintiff, ) NOTICE OF VOLUNTARY DISMISSAL UNDER
13 ) FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)
vs. ) (A)(i)
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Any Defendants, )
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Defendants. )
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To subscribe to my FREE weekly legal newsletter visit
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22 http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail

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address.
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NOTICE OF VOLUNTARY DISMISSAL UNDER RULE 41(a)(1)(A)(i)
 1 Be sure to remove these notices before using this document.
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NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL
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PROCEDURE 41(a)(1)(A)(i)
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TO DEFENDANTS, _________________________________, AND THEIR ATTORNEYS
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6 OF RECORD:

7 Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff,

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_________________, and or their counsel of record, hereby give notice that the above-entitled action
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is voluntarily dismissed, with prejudice or without prejudice against Defendant(s)
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______________________.
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13 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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Be sure to modify these paragraphs to suit your individual
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17 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation. Note that you CANNOT file this notice if
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the defendant has filed an answer or a motion for summary judgment.
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22 See Rule 41 here: https://www.law.cornell.edu/rules/frcp/rule_41

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If the defendant has already filed an answer or motion for
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25 summary judgment you need to file a motion for voluntary dismissal

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under Rule 41(a(2) which you can view here:
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https://www.scribd.com/document/348574982/Sample-Motion-for-
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NOTICE OF VOLUNTARY DISMISSAL UNDER RULE 41(a)(1)(A)(i)
 1 Voluntary-Dismissal-Under-Rule-41-1-2-in-United-States-District-
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Court
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NOTICE OF VOLUNTARY DISMISSAL UNDER RULE 41(a)(1)(A)(i)
 1 PROOF OF SERVICE
2 I am over the age of 18 and not a party to this action.
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I am a resident of or employed in the county where the mailing occurred; my
4 business/residence address is: ADDRESS OF PERSON SERVING PAPERS.
5 On ____________________ I served the foregoing document(s) described as: NOTICE OF
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VOLUNTARY DISMISSAL UNDER FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)
(i) to the following parties:
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8 NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY

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10 [X] (By U.S. Mail) I deposited such envelope in the mail at ______________,
________ with postage thereon fully prepaid. I am readily familiar with the
11 firms practice of collection and processing correspondence for mailing. Under
the practice it would be deposited with U.S. Postal Service on that same day
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with postage thereon fully prepaid at _________, _______ in the ordinary
13 course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter
14 date is more than one day after date of deposit for mailing in affidavit.
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16 [ ] (By Personal Service) I caused such envelope to be delivered by hand via

messenger service to the address above;
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[ ] (By Facsimile) I served a true and correct copy by facsimile during regular
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business hours to the number(s) listed above. Said transmission was reported
19 complete and without error.

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I declare under penalty of perjury under the laws of the United States of America and
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the State of ____ that the foregoing is true and correct.
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23 DATED: ______________ _________________________________________

NAME OF PERSON SERVING PAPERS
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NOTICE OF VOLUNTARY DISMISSAL UNDER RULE 41(a)(1)(A)(i)