(PC) Hesse v. County of Sacramento et al

Filing 51

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/2023 DIRECTING Defendants notify this Court, within 7 days, whether they have any objection to the dismissal of Defendant Stephenye Burnett from this action.(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 HESSE, 12 13 14 15 No. 2:21-cv-1931 WBS KJN P Plaintiff, v. ORDER COUNTY OF SACRAMENTO, et al., Defendants. 16 17 Plaintiff, a former county jail inmate proceeding through counsel, filed a notice of 18 dismissal of defendant Stephenye Burnett pursuant to Rules 41(a) or (c) of the Federal Rules of 19 Civil Procedure. (ECF No. 42.) 20 21 22 23 24 25 26 27 28 Rule 41(a)(1)(A) provides: (A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A). Rule 41(c) provides: (c) Dismissing a Counterclaim, Crossclaim, or Third-Party Claim. This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made: 1 1 (1) before a responsive pleading is served; or 2 (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial. 3 4 Id. Defendant Burnett filed an answer on September 20, 2022. (ECF No. 27.) Therefore, 5 6 absent a stipulation by all the parties, plaintiff’s notice is ineffective under Rule 41(a)(1)(A) or 7 41(c). 8 Accordingly, IT IS HEREBY ORDERED that all defendants notify this court, within 9 seven days, whether they have any objection to the dismissal of defendant Stephenye Burnett 10 from this action. Should defendants fail to respond, plaintiff’s request will be granted pursuant to 11 Fed. R. Civ. P. 41(a)(2). 12 Dated: November 15, 2023 13 14 15 16 17 /hess1931.59a 18 19 20 21 22 23 24 25 26 27 28 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?