(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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL SHEPARD, 12 13 14 Plaintiff, v. Case No. 2:20-cv-01445-KJM-JDP (PC) ORDER DIRECTING PLAINTIFF TO FILE A RESPONSE WITHIN FOURTEEN DAYS KELSO, et al., 15 Defendants. 16 17 Plaintiff previously filed a notice of voluntary dismissal. ECF No. 69. Since defendants 18 had already filed a motion for summary judgment, the court directed defendants to notify the 19 court if they stipulate to dismissal of this action. See Fed. R. Civ. P. 41(a)(1)(A); ECF No. 70. In 20 response, defendants state that they are only willing to stipulate to dismissal of this action with 21 prejudice. ECF No. 71. Defendants argue that should the court dismiss this action without 22 prejudice, they may be subjected to defending themselves in a new action against the same claims 23 by plaintiff. Id. 24 Generally, a dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. 25 Civ. P. 41(a)(1)(B). Plaintiff has not indicated whether he believes dismissal with prejudice is 26 appropriate. Accordingly, he is directed to notify the court within fourteen days if he stipulates to 27 28 1 1 a dismissal with prejudice.1 2 3 IT IS SO ORDERED. 4 Dated: June 5, 2024 5 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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). 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?