Thu Banh v. New Orleans Crispy Chicken and Chili Dogs, 1:17-cv-62. (2018)
Court: District Court, W.D. Michigan
Number: infdco20181127a51
Visitors: 7
Filed: Nov. 26, 2018
Latest Update: Nov. 26, 2018
Summary: ORDER RAY KENT , Magistrate Judge . On October 30, 2018, the Court ordered plaintiffs to file a motion for entry of default judgment against defendant New Orleans Crispy Chicken and Chili Dogs, a Michigan Limited Liability Company, by no later than November 14, 2018, and advised plaintiffs that if they "fail to seek default judgment within that time frame, then New Orleans Crispy Chicken will be dismissed for lack of prosecution." See Order (ECF No. 62). Plaintiffs responded to the order
Summary: ORDER RAY KENT , Magistrate Judge . On October 30, 2018, the Court ordered plaintiffs to file a motion for entry of default judgment against defendant New Orleans Crispy Chicken and Chili Dogs, a Michigan Limited Liability Company, by no later than November 14, 2018, and advised plaintiffs that if they "fail to seek default judgment within that time frame, then New Orleans Crispy Chicken will be dismissed for lack of prosecution." See Order (ECF No. 62). Plaintiffs responded to the order b..
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ORDER
RAY KENT, Magistrate Judge.
On October 30, 2018, the Court ordered plaintiffs to file a motion for entry of default judgment against defendant New Orleans Crispy Chicken and Chili Dogs, a Michigan Limited Liability Company, by no later than November 14, 2018, and advised plaintiffs that if they "fail to seek default judgment within that time frame, then New Orleans Crispy Chicken will be dismissed for lack of prosecution." See Order (ECF No. 62). Plaintiffs responded to the order by filing a notice to voluntarily dismiss this defendant pursuant to Fed. R. Civ. P. 41(a)(1). See Notice (ECF No. 63). A voluntary dismissal without a court order under Rule 41(a)(1) is available if it is filed "before the opposing party serves either an answer or a motion for summary judgment." See Fed. R. Civ. P. 41(a)(1)(i). Here, defendant New Orleans Crispy Chicken filed an answer (ECF No. 7). The default was entered at a later date because it failed to retain new counsel. For this reason, a court order is required under Fed. R. Civ. P. 41(a)(2) ("Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper"). Accordingly, upon due consideration, plaintiffs' claims against defendant New Orleans Crispy Chicken and Chili Dogs, a Michigan Limited Liability Company, are DISMISSED without prejudice.
IT IS SO ORDERED.
Source: Leagle
