Lopez v. M.V. Transportation, Incorporated

Filing 41

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/2011 ORDERING 40 Within 14 days of the date of this order, defendant shall file a response to plaintiff's request for voluntary dismissal of this action; within 14 days of the date of this order, the parties may file a stipulation of dismissal as provided in FRCP 41(a)(1)(A)(ii), which would effectuate the immediate dismissal of this case without a court order.(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BECKY LOPEZ,

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Plaintiff,

No. 2:10-cv-01822 GEB KJN PS

v.
M.V. TRANSPORTATION
INCORPORATED,

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Defendant.

ORDER

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On November 14, 2011, plaintiff filed a handwritten notice seeking to dismiss this

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action as a result of a settlement reached by the parties (Dkt. No. 39).1 The notice does not

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indicate whether the desired dismissal should be with or without prejudice. Additionally, the

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notice is not signed by defendant’s counsel or representative.

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Because defendant has already filed an answer in this case (Dkt. No. 19), plaintiff

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is not entitled to unilaterally dismiss this case without a court order pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(i). Moreover, plaintiff’s notice does not constitute a stipulation of

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dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) because it is not signed by

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This case proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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defendant. Accordingly, plaintiff must obtain a “court order, on terms that the court considers

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proper,” in order to effect the voluntary dismissal of this action pursuant to Federal Rule of Civil

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Procedure 41(a)(2). By this order, the undersigned directs defendant to respond to plaintiff’s

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motion for dismissal of the action.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within 14 days of the date of this order, defendant shall file a response to

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plaintiff’s request for voluntary dismissal of this action that indicates: (1) defendant’s view

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regarding whether the dismissal should be with or without prejudice, and (2) whether defendant

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seeks the imposition of any appropriate conditions on the dismissal sought by plaintiff. After

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receiving defendant’s response, the undersigned will recommend the dismissal of this action on

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proper terms.

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2.

Alternatively, within 14 days of the date of this order, the parties may file

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a stipulation of dismissal as provided in Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which

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would effectuate the immediate dismissal of this case without a court order.

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IT IS SO ORDERED.
DATED: November 15, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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