Cato v. Darst et al

Filing 65

ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/21/21 ORDERING plaintiff is granted fourteen days to file a reply to defendants opposition. Thereafter, plaintiffs requests for voluntary dismissal with stand submitted for decision.(Plummer, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES CATO,

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Case No. 2:17-cv-01873-TLN-JDP (PC)
Plaintiff,

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v.

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ORDER DIRECTING PLAINTIFF TO FILE A
REPLY

M. DARST, et al.

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ECF No. 64
FOURTEEN-DAY DEADLINE
Defendants.

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Plaintiff filed two requests to voluntarily dismiss this action. ECF Nos. 61, 62. On

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December 1, 2020, the court directed defendants to file a document stipulating to dismissal of this

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action without prejudice, or otherwise respond to plaintiff’s requests for voluntary dismissal.

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ECF No. 63. Defendants timely filed an opposition to plaintiff’s requests, arguing that any

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dismissal of this action should be with prejudice. ECF No. 64. Alternatively, defendants argue

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that should this action be dismissed without prejudice, plaintiff should be required to reimburse

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them the reasonable expenses they incurred in seeking to compel discovery. Id. at 5.

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Plaintiff is granted fourteen days to file a reply to defendants’ opposition. Thereafter,
plaintiff’s requests for voluntary dismissal with stand submitted for decision.

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IT IS SO ORDERED.
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Dated:

January 21, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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