HICA Education Loan Coporation v. Meyers

Filing 9

ORDER to DENY Dismissal signed by District Judge Lawrence J. O'Neill on 9/13/2012. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HICA EDUCATION LOAN
CORPORATION,

CASE NO. CV F 12-1140 LJO SMS

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Plaintiff,
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ORDER TO DENY DISMISSAL
(Doc. 7.)

vs.
DAVID MEYERS,

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Defendant.
/

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Plaintiff filed a notice of dismissal to attempt to dismiss this action and which fails to comply

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with F.R.Civ.P. 41(a)(1)(A)(ii), which requires a stipulation signed by a defendant who has answered

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or filed a summary judgment motion. The notice of dismissal is plaintiff’s attempt to unilaterally

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dismiss this action, and lacks the necessary signature of defendant. As such, this Court DENIES

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dismissal of this action in the absence of compliance with F.R.Civ.P. 41(a)(1)(A)(ii). This Court

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ORDERS the parties, no later than September 28, 2012, to file either: (a) a stipulation which satisfies

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F.R.Civ.P. 41(a)(1)(A)(ii) and a proposed order to dismiss this action in its entirety; or (b) papers to

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show good cause why the parties have failed to comply with F.R.Civ.P. 41(a)(1)(A)(ii).

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This Court ADMONISHES counsel to obey the Federal Rules of Civil Procedure and this

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Court’s Local Rules and orders. This Court FURTHER ADMONISHES counsel that failure to comply

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with this order in the absence of good cause will result in imposition of sanctions, including monetary

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sanctions and/or dismissal of this action with or without prejudice.

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IT IS SO ORDERED.
Dated:
66h44d

September 13, 2012

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

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