Dairy America, Inc. v. New York Marine and General Insurance Company et al

Filing 259

ORDER TO DENY DISMISSAL signed by District Judge Lawrence J. O'Neill on July 25, 2011. (Lira, I)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DAIRY AMERICA, INC., 11 CASE NO. CV F 07-0537 LJO SMS Plaintiff, ORDER TO DENY DISMISSAL (Doc. 258.) vs. 12 13 NEW YORK MARINE AND GENERAL INSURANCE COMPANY, et al., 14 Defendants. 15 / 16 Plaintiff filed a July 22, 2011 notice of voluntary dismissal. The notice fails to comply with 17 F.R.Civ.P. 41(a)(1)(A)(ii), which requires a stipulation signed by defendants who have answered or filed 18 a summary judgment motion. As such, this Court DENIES dismissal of this action in the absence of 19 compliance with F.R.Civ.P. 41(a)(1)(A)(ii). This Court ORDERS the remaining parties, no later than 20 July 29, 2011, to file either: (a) a stipulation which satisfies F.R.Civ.P. 41(a)(1)(A)(ii) and a proposed 21 order to dismiss remaining defendants; or (b) papers to show good cause why the parties have failed to 22 comply with F.R.Civ.P. 41(a)(1)(A)(ii). This Court ADMONISHES counsel to obey the Federal Rules 23 of Civil Procedure and this Court’s Local Rules and orders. This Court FURTHER ADMONISHES 24 counsel that failure to comply with this order in the absence of good cause will result in imposition of 25 sanctions, including monetary sanctions and/or dismissal of this action with or without prejudice. 26 27 IT IS SO ORDERED. Dated: 66h44d July 25, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 28 1

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