GARCIA v. STATE FARM FIRE AND CASUALTY COMPANY, 3:13-cv-00560. (2014)
Court: District Court, W.D. North Carolina
Number: infdco20141113f58
Visitors: 9
Filed: Nov. 12, 2014
Latest Update: Nov. 12, 2014
Summary: ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court sua sponte regarding Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. No. 22). Federal Rule of Civil Procedure 41 provides that a voluntary dismissal without a court order may only be filed (1) before the opposing party has answered the complaint or filed a motion for summary judgment, or (2) in the form of a stipulation of dismissal signed by all the parties. Fed. R. Civ. P. 41(a)(1). Otherwise, the a
Summary: ORDER GRAHAM C. MULLEN, District Judge. THIS MATTER is before the Court sua sponte regarding Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. No. 22). Federal Rule of Civil Procedure 41 provides that a voluntary dismissal without a court order may only be filed (1) before the opposing party has answered the complaint or filed a motion for summary judgment, or (2) in the form of a stipulation of dismissal signed by all the parties. Fed. R. Civ. P. 41(a)(1). Otherwise, the ac..
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ORDER
GRAHAM C. MULLEN, District Judge.
THIS MATTER is before the Court sua sponte regarding Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. No. 22). Federal Rule of Civil Procedure 41 provides that a voluntary dismissal without a court order may only be filed (1) before the opposing party has answered the complaint or filed a motion for summary judgment, or (2) in the form of a stipulation of dismissal signed by all the parties. Fed. R. Civ. P. 41(a)(1). Otherwise, the action may only be dismissed pursuant to an order of the court "on terms that the court considers proper." Id. Here, Plaintiff's Notice comes after both an answer (Doc. No. 4) and a motion for summary judgment (Doc. No. 19) have been filed. The Notice is not a stipulation signed by all the parties; thus, the Notice is procedurally improper.
IT IS THEREFORE ORDERED that Plaintiff's Notice of Voluntary Dismissal Without Prejudice (Doc. No. 22) is STRICKEN. If Plaintiff wishes to dismiss this case, he may file a stipulation signed by all parties or an appropriate motion with the Court.
SO ORDERED.
Source: Leagle
