Mott v. UNUM Life Insurance Company of America

Filing 15

ORDER Vacating Briefing Schedule and Hearing Dates and Directing Parties to File Stipulation of Dismissal Within Sixty Days (Doc. 14 ), signed by District Judge Dale A. Drozd on 10/27/2016. (The court therefore vacates the briefing schedule and all future hearing dates and directs the parties within sixty days to either file a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENA C. MOTT,

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Plaintiff,

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No. 1:16-cv-00322-DAD-BAM

v.
UNUM LIFE INSURANCE COMPANY
OF AMERICA,
Defendant.

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ORDER VACATING BRIEFING SCHEDULE
AND HEARING DATES AND DIRECTING
PARTIES TO FILE STIPULATION OF
DISMISSAL WITHIN SIXTY DAYS
(Doc. No. 14)

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On October 19, 2016, plaintiff filed a “notice of settlement and request for administrative

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closure” in this action (Doc. No. 14.) Plaintiff represents that defendant authorized plaintiff to

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submit the notice of settlement. (Id. at 1.) Plaintiff “asks to the Court to administratively close

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this matter, subject to the right of any party to move the Court within 60 days for the entry of a

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stipulated form of dismissal with prejudice, or on good cause shown, to reopen the case for

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further proceedings.” (Id.)
Defendant has filed an answer in this action (Doc. No. 5), and thus plaintiff may no longer

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voluntarily dismiss under Federal Rule of Civil Procedure 41(a)(1)(A)(i). See FED. R. CIV. P.

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41(a); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The court therefore vacates

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the briefing schedule and all future hearing dates and directs the parties within sixty days to

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either file a stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

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IT IS SO ORDERED.

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Dated:

October 27, 2016
UNITED STATES DISTRICT JUDGE

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