(PC) Shepard v. Kelso

Filing 72

ORDER signed by Magistrate Judge Jeremy D. Peterson on 06/05/2024 DIRECTING Plaintiff to notify the Court within 14 days if he stipulates to a Dismissal with Prejudice. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL SHEPARD,

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Plaintiff,
v.

Case No. 2:20-cv-01445-KJM-JDP (PC)
ORDER
DIRECTING PLAINTIFF TO FILE A
RESPONSE WITHIN FOURTEEN DAYS

KELSO, et al.,

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Defendants.

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Plaintiff previously filed a notice of voluntary dismissal. ECF No. 69. Since defendants

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had already filed a motion for summary judgment, the court directed defendants to notify the

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court if they stipulate to dismissal of this action. See Fed. R. Civ. P. 41(a)(1)(A); ECF No. 70. In

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response, defendants state that they are only willing to stipulate to dismissal of this action with

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prejudice. ECF No. 71. Defendants argue that should the court dismiss this action without

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prejudice, they may be subjected to defending themselves in a new action against the same claims

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by plaintiff. Id.

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Generally, a dismissal is without prejudice unless the parties stipulate otherwise. Fed. R.

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Civ. P. 41(a)(1)(B). Plaintiff has not indicated whether he believes dismissal with prejudice is

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appropriate. Accordingly, he is directed to notify the court within fourteen days if he stipulates to

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a dismissal with prejudice.1

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IT IS SO ORDERED.

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Dated:

June 5, 2024

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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In the event plaintiff stipulates to dismissal with prejudice, the court will construe the
parties’ filings as a stipulation of voluntary dismissal with prejudice to Rule 41(a)(1)(A)(ii). If
plaintiff refuses to stipulate, the court may still grant his request for dismissal, and dismiss the
action “on terms that the court considers proper.” Fed. R. Civ. 41(a)(2).
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