HICA Education Loan Corporation v. Adams
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/22/2012 ORDERING 20 Within 21 days of the date of this order, defendant shall file a response to plaintiff's request for voluntary dismissal of this action that indicates: defendant' s view regarding whether the dismissal should be with or without prejudice, and whether defendant seeks the imposition of any appropriate conditions on the dismissal sought by plaintiff; after receiving defendant's response, the undersigned will recommend the dismissal of this action on proper terms; Alternatively, 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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HICA EDUCATION LOAN
CORPORATION,
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Plaintiff,
No. 2:11-cv-02964 JAM KJN PS
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v.
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JAMES C. ADAMS,
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Defendant.
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ORDER
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On May 18, 2012, plaintiff filed a Notice of Dismissal Without Prejudice seeking
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to dismiss this action as a result of a settlement reached by the parties (Dkt. No. 20).1 The notice
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is not signed by defendant.
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Because defendant already filed an answer in this case (Dkt. No. 6), plaintiff is not
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entitled to unilaterally dismiss this case without a court order pursuant to Federal Rule of Civil
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Procedure 41(a)(1)(A)(i). Moreover, plaintiff’s notice does not constitute an immediately
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effective stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii)
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because it is not signed by defendant. Accordingly, plaintiff must obtain a “court order, on terms
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that the court considers proper,” in order to effect the voluntary dismissal of this action pursuant
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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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to Federal Rule of Civil Procedure 41(a)(2). By this order, the undersigned directs defendant to
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respond to plaintiff’s filing, which is construed as a motion for dismissal of the action.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Within 21 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 a
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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: May 22, 2012
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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