Gobel v. Hauser & Hauser, Inc. et al.

Filing 21

ORDER Disregarding Notice of Voluntary Dismissal signed by Magistrate Judge Stanley A. Boone on 10/24/2017. Fourteen-Day Deadline. (Flores, E)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ORDER DISREGARDING NOTICE OF VOLUNTARY DISMISSAL Plaintiff, 12 13 Case No. 1:16-cv-00146-LJO-SAB RUSTY GOBEL, v. (ECF No. 18) 14 HAUSER & HAUSER, INC., et al., FOURTEEN DAY DEADLINE 15 Defendants. 16 17 Plaintiff Rusty Gobel filed this action against Defendants Hauser & Hauser, Inc., Kevin 18 Hauser, and Claudia Hauser (“Defendants”) on January 29, 2016. (ECF No. 1.) A first amended 19 complaint was filed on March 3, 2016. (ECF No. 4.) On May 27, 2017, Defendants filed an 20 answer to the first amended complaint. (ECF No. 6.) On October 20, 2017, Plaintiff filed a 21 notice of voluntary dismissal. (ECF No. 18.) Plaintiff requests that the Court dismiss this action 22 in its entirety, with prejudice, based on the execution of a settlement between the parties. 23 Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘a plaintiff has an 24 absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a 25 motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 26 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 27 1997)). Here, Defendants have filed an answer so Plaintiff cannot voluntarily dismiss this action 28 pursuant to Rule 41(a)(1)(A)(i). 1 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a “plaintiff may dismiss an 1 2 action without a court order by filing a stipulation of dismissal signed by all parties who have 3 appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Therefore, Plaintiff may dismiss this action by filing 4 a stipulation of dismissal that is signed by all parties who have appeared. A party may also dismiss an action by filing a motion requesting the Court to dismiss the 5 6 action. Fed. R. Civ. P. 41(a)(2). A motion for voluntary dismissal under Rule 41(a)(2) is 7 addressed to the sound discretion of the district court. Hamilton v. Firestone Tire & Rubber Co. 8 Inc., 679 F.2d 143, 145 (9th Cir. 1982). Plaintiff’s notice of voluntary dismissal is defective under Rule 41(a). If Plaintiff wishes 9 10 to dismiss this action, he is required to comply with the procedures set forth in Rule 41. Accordingly, Plaintiff’s notice of settlement is HEREBY DISREGARDED. Plaintiff 11 12 shall file a request for dismissal that complies with Rule 41 within fourteen (14) days from the 13 date of entry of this order. 14 15 IT IS SO ORDERED. 16 Dated: October 24, 2017 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?