Duenas v. Fischer et al

Filing 19

ORDER To Deny 18 Dismissal, signed by District Judge Lawrence J. O'Neill on 7/13/2012. (Gaumnitz, R)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARVIN DUENAS, JR.,

12

CASE NO. CV F 12-0493 LJO SMS

Plaintiff,

ORDER TO DENY DISMISSAL
(Doc. 18.)

vs.
13
APRIL FISCHER, et al.,
14
Defendants.
15

/

16

Plaintiff filed a July 12, 2012 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 20, 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 13, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

28
1