Filed: Jan. 10, 2018
Latest Update: Jan. 10, 2018
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on review of Plaintiff's Notice of Dismissal With Prejudice (Doc. 73, "Notice") filed on January 9, 2018. This junk fax case has been stayed since October 19, 2017, pending final settlement of another case involving the identical junk fax, JWD Automotive, Inc. v. DJM Advisory Group, LLC, et al., case no. 2:15-cv-793-JES-MRM (" JWD "). The Notice informs the Court that the JWD class settlement has been
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on review of Plaintiff's Notice of Dismissal With Prejudice (Doc. 73, "Notice") filed on January 9, 2018. This junk fax case has been stayed since October 19, 2017, pending final settlement of another case involving the identical junk fax, JWD Automotive, Inc. v. DJM Advisory Group, LLC, et al., case no. 2:15-cv-793-JES-MRM (" JWD "). The Notice informs the Court that the JWD class settlement has been ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on review of Plaintiff's Notice of Dismissal With Prejudice (Doc. 73, "Notice") filed on January 9, 2018. This junk fax case has been stayed since October 19, 2017, pending final settlement of another case involving the identical junk fax, JWD Automotive, Inc. v. DJM Advisory Group, LLC, et al., case no. 2:15-cv-793-JES-MRM ("JWD"). The Notice informs the Court that the JWD class settlement has been approved and the case dismissed; therefore, Plaintiff requests that this case be dismissed with prejudice.
Although Defendants have previously represented that final approval of the JWD settlement would resolve Plaintiff's claims in this case (Doc. 50 at 1-2), the Notice of Dismissal is not stipulated to as required by Federal Rule of Civil Procedure 41. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to dismiss an action voluntarily if a stipulation of dismissal is signed by all parties who have appeared. Thus, the Court will deny the request for dismissal at this time without prejudice to refiling as a stipulation. If the JWD settlement somehow requires dismissal of this case in some other fashion, Plaintiff must inform the Court of this. Because the JWD settlement has received final approval and has been dismissed, the Court will lift the stay of this matter.
Accordingly, it is now
ORDERED:
(1) Plaintiff's Notice of Dismissal With Prejudice (Doc. 73) is DENIED without prejudice.
(2) The stay of this case is lifted. The Clerk is directed to remove the stay flag from the docket.
DONE and ORDERED.
FootNotes
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