HIGHSMITH v. GEICO CASUALTY COMPANY, C 16-02823 WHA. (2017)
Court: District Court, N.D. California
Number: infdco20170201898
Visitors: 11
Filed: Jan. 31, 2017
Latest Update: Jan. 31, 2017
Summary: ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL WILLIAM ALSUP , District Judge . Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) (Dkt. No. 23). Pursuant to that rule, voluntary dismissal without a court order and without the stipulation of all parties who have appeared is only available "before the opposing party serves either an answer or a motion for summary judgment . . . ." Defendant has served an answer (Dkt. No. 16). Plaintiff's notice of voluntary dismiss
Summary: ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL WILLIAM ALSUP , District Judge . Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) (Dkt. No. 23). Pursuant to that rule, voluntary dismissal without a court order and without the stipulation of all parties who have appeared is only available "before the opposing party serves either an answer or a motion for summary judgment . . . ." Defendant has served an answer (Dkt. No. 16). Plaintiff's notice of voluntary dismissa..
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ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL
WILLIAM ALSUP, District Judge.
Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) (Dkt. No. 23). Pursuant to that rule, voluntary dismissal without a court order and without the stipulation of all parties who have appeared is only available "before the opposing party serves either an answer or a motion for summary judgment . . . ." Defendant has served an answer (Dkt. No. 16). Plaintiff's notice of voluntary dismissal is accordingly STRICKEN as procedurally improper.
If plaintiff wishes to dismiss the action, he may do so by filing a motion pursuant to Rule 41(a)(2) or a stipulation joined by all parties who have appeared pursuant to Rule 41(a)(1)(A)(ii).
Source: Leagle
