Hardin v. Mendocino Coast District Hospital, 17-cv-05554-JST. (2020)
Court: District Court, N.D. California
Number: infdco20200309715
Visitors: 6
Filed: Mar. 05, 2020
Latest Update: Mar. 05, 2020
Summary: ORDER DISMISSING CASE Re: ECF No. 338 JON S. TIGAR , District Judge . Plaintiff Ellen Hardin has filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). ECF No. 338. That rule provides that a "plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or motion for summary judgment. " Fed. R. Civ. P. 41(a)(1)(A)(i) (emphasis added). However, as Hardin's notice itself obse
Summary: ORDER DISMISSING CASE Re: ECF No. 338 JON S. TIGAR , District Judge . Plaintiff Ellen Hardin has filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). ECF No. 338. That rule provides that a "plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or motion for summary judgment. " Fed. R. Civ. P. 41(a)(1)(A)(i) (emphasis added). However, as Hardin's notice itself obser..
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ORDER DISMISSING CASE
Re: ECF No. 338
JON S. TIGAR, District Judge.
Plaintiff Ellen Hardin has filed a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). ECF No. 338. That rule provides that a "plaintiff may dismiss an action without a court order by filing . . . a notice of dismissal before the opposing party serves either an answer or motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i) (emphasis added). However, as Hardin's notice itself observes, "Defendants have served a motion for summary judgment." ECF No. 338 at 2; see also ECF Nos. 270-72 (Defendants' motions for summary judgment). Defendants have also filed an answer. ECF No. 79. Dismissal under Rule 41(a)(1)(A)(i) would therefore be improper.
Nonetheless, pursuant to Hardin's request — which was filed by counsel for Defendant Mendocino Coast District Hospital — and in light of the parties' settlement agreement, the Court dismisses this case with prejudice under Rule 41(a)(2). The Clerk shall close the file.
IT IS SO ORDERED.
Source: Leagle
