Chevron Corporation v. Environmental Alliance Worldwide
Filing
34
ORDER: The Clerk of Court is directed to enter an order dismissing this action without prejudice. Signed on 12/20/2011 by Magistrate Judge Thomas M. Coffin. (plb)
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UNITED STATES DlSTRlCT COURT
FOR THE DISTRlCT OF OREGON
EUGENE DIVISION
CHEVRON CORPORATION,
ll-MC-7003-TC
Petitioner,
To Issue Subpoenas For The Taking Of
Depositions And the Production Of
Documents.
ORDER
COFFIN, Magistrate Judge:
On November 1,2011 Chevron Corporation filed an application under 28 US.C. § 1782 to
conduct discovery from Environmental Law Alliance (ELAW) to use in foreign proceedings. (# I ).
Both parties have consented to magistrate jurisdiction. Currently before me is Chevron's notice of
voluntary dismissal underFed. R. Civ. P. 4(a)(I)(A)(i), whichELAW opposes. (#s 31, 32). ELAW
argues that I should treat Chevron's notice of voluntary dismissal as a request for dismissal under
Fed. R. Civ. P. 41(a)(2) and dismiss this matter with prejudice with fees and costs l to ELAW.
II note that in its response, Chevron committed to covering the costs and fees ELAW
incurred-as of December 5, 2011, in connection with responding to this action. (#33 at 3).
Page 1 - ORDER
Fed. R. Civ. P. 4(a)(1 )(A)(i) provides that a plaintiff has an absolute right to dismiss a case
without prejudice prior to a defendant filing an answer or responsive motion for summary judgment.
The Ninth Circuit has held a plaintiff's absolute right under Rule 41(a)(I) to voluntarily dismiss an
action when the defendant has not yet served an answer or a motion for summary judgment leaves
no rule for the court to play, stating:
The language of rule 41(a)(I) is unequivocal. It permits a plaintiff to dismiss an
action "without order of court." ... "Th[e1[filing of notice1itself closes the file. There
is nothing the defendant can do to fan the ashes of that action into life and the court
has no role to play. This is a matter of right running to the plaintiff and may not be
extinguished or circumscribed by adversary or court. There is not even a perfunctory
order of court closing the file. Its alpha and omega was the doing of the plaintiff
alone. He suffers no impairment beyond his fee for filing."
American Soccer Co .. Inc. v. Score First Enterorises, 187 F.3d 1108, 1110 (9th Cir. 1999). (internal
citations omitted). Here, a review of the docket reveals that ELAW has filed neither an answer nor
a responsive pleading. Accordingly, Chevron's notice of voluntary dismissal dismissed this action
without prejudice. I am without jurisdiction to consider ELAW's objections.
Accordingly, the Clerk of the Court is directed to enter an order dismissing this action
without prejudice.
IT IS SO ORDERED
DATED this
Page 2 • ORDER
~tay of December 2011.
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