TENNISON v. LAWRENCE FACTOR, INC., 1:16-cv-00247-LJO-JLT. (2016)
Court: District Court, E.D. California
Number: infdco20160808768
Visitors: 13
Filed: Aug. 04, 2016
Latest Update: Aug. 04, 2016
Summary: ORDER DIRECTING THE CLERK UPDATE THE DOCKET TO REFLECT THE DISMISSAL OF THE CROSS-CLAIM FILED BY LAWRENCE FACTOR, INC., PURSUANT TO THE NOTICE OF VOLUNTARY DISMISSAL JENNIFER L. THURSTON , Magistrate Judge . On July 19, 2016, the Court ordered Lawrence Factor, Inc. to file proof of service of the cross-complaint or to show cause why sanctions should not be imposed for its failure to serve and file proof of service of the cross-complaint. (Doc. 18) On July 28, 2016, Lawrence Factor, Inc. fil
Summary: ORDER DIRECTING THE CLERK UPDATE THE DOCKET TO REFLECT THE DISMISSAL OF THE CROSS-CLAIM FILED BY LAWRENCE FACTOR, INC., PURSUANT TO THE NOTICE OF VOLUNTARY DISMISSAL JENNIFER L. THURSTON , Magistrate Judge . On July 19, 2016, the Court ordered Lawrence Factor, Inc. to file proof of service of the cross-complaint or to show cause why sanctions should not be imposed for its failure to serve and file proof of service of the cross-complaint. (Doc. 18) On July 28, 2016, Lawrence Factor, Inc. file..
More
ORDER DIRECTING THE CLERK UPDATE THE DOCKET TO REFLECT THE DISMISSAL OF THE CROSS-CLAIM FILED BY LAWRENCE FACTOR, INC., PURSUANT TO THE NOTICE OF VOLUNTARY DISMISSAL
JENNIFER L. THURSTON, Magistrate Judge.
On July 19, 2016, the Court ordered Lawrence Factor, Inc. to file proof of service of the cross-complaint or to show cause why sanctions should not be imposed for its failure to serve and file proof of service of the cross-complaint. (Doc. 18) On July 28, 2016, Lawrence Factor, Inc. filed a Notice of Voluntary Dismissal of its cross-claim against Hagemeyer North America pursuant to Rule 41 of the Federal Rules of Civil Procedure. (Doc. 19)
Significantly, under Rule 41, a party "may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; . . ." Fed. R. Civ. P. 41(a)(1)(A). Such a notice is effective as a dismissal without an order of the court. Fed. R. Civ. Pro. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). However, because the cross- defendant has not been terminated on the docket, the Court DIRECTS the Clerk of Court to update the docket to reflect the termination the cross-complaint by Lawrence Factor, Inc. against Hagemeyer North America.
IT IS SO ORDERED.
Source: Leagle
