Dairy America, Inc. v. New York Marine and General Insurance Company et al
ORDER TO DENY DISMISSAL signed by District Judge Lawrence J. O'Neill on July 25, 2011. (Lira, I)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DAIRY AMERICA, INC.,
CASE NO. CV F 07-0537 LJO SMS
ORDER TO DENY DISMISSAL
NEW YORK MARINE AND GENERAL
Plaintiff filed a July 22, 2011 notice of voluntary dismissal. The notice fails to comply with
F.R.Civ.P. 41(a)(1)(A)(ii), which requires a stipulation signed by defendants who have answered or filed
a summary judgment motion. As such, this Court DENIES dismissal of this action in the absence of
compliance with F.R.Civ.P. 41(a)(1)(A)(ii). This Court ORDERS the remaining parties, no later than
July 29, 2011, to file either: (a) a stipulation which satisfies F.R.Civ.P. 41(a)(1)(A)(ii) and a proposed
order to dismiss remaining defendants; or (b) papers to show good cause why the parties have failed to
comply with F.R.Civ.P. 41(a)(1)(A)(ii). This Court ADMONISHES counsel to obey the Federal Rules
of Civil Procedure and this Court’s Local Rules and orders. This Court FURTHER ADMONISHES
counsel that failure to comply with this order in the absence of good cause will result in imposition of
sanctions, including monetary sanctions and/or dismissal of this action with or without prejudice.
IT IS SO ORDERED.
July 25, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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