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FOLEY v. REPUBLIC AIRLINE, INC., 5:13-CV-534-F. (2014)

Court: District Court, E.D. North Carolina Number: infdco20140509a87 Visitors: 10
Filed: May 08, 2014
Latest Update: May 08, 2014
Summary: ORDER JAMES C. FOX, Senior District Judge. The court previously was informed by the court-appointed mediator in this action that the parties have reached a complete settlement of the claims in this matter, and that the plaintiff would be filing a voluntary dismissal with prejudice 1 on or before May 5, 2014. To date, no parties have taken action to dismiss this case. Regardless, given the mediator's statement, the court orders that this action is DISMISSED without prejudice to either party t
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ORDER

JAMES C. FOX, Senior District Judge.

The court previously was informed by the court-appointed mediator in this action that the parties have reached a complete settlement of the claims in this matter, and that the plaintiff would be filing a voluntary dismissal with prejudice1 on or before May 5, 2014. To date, no parties have taken action to dismiss this case.

Regardless, given the mediator's statement, the court orders that this action is DISMISSED without prejudice to either party to reopen should settlement not be consummated on or before May 22, 2014. Unless the case is reopened, counsel are DIRECTED to file their Joint Stipulation of Dismissal on or before that date. The Clerk of Court is DIRECTED to remove this matter from the undersigned's court calendar.

SO ORDERED.

FootNotes


1. Because Defendants Frontier Airlines, Inc., and Republic Airlines, Inc., have filed Answers in this action [DE-9; DE-l 0], Plaintiff cannot unilaterally dismiss this action by filing a notice of voluntary dismissal. Instead, Plaintiff would have to file a motion to voluntary dismiss her claims, or stipulation of dismissal. See Fed. R. Civ. P. 41.
Source:  Leagle

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