IO Group, Inc., v. Does 1-50 Inclusive
ORDER RE Defendant David Salery's re 53 Objection to Motion to Dismiss Without Prejudice. Signed by Magistrate Judge Elizabeth D. Laporte on 7/21/2011. (lmh, COURT STAFF) (Filed on 7/22/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
IO GROUP INC,
United States District Court
For the Northern District of California
No. C-10-04378 EDL
ORDER RE DEFENDANT DAVID
SALERY’S OBJECTION TO MOTION
TO DISMISS WITHOUT PREJUDICE
ELVIS BARNETT, et al.,
On July 5, 2011, Plaintiff voluntarily dismissed Defendant David Salery without prejudice
pursuant to Federal Rule of Civil Procedure 41(a), which permits Plaintiff to file a notice of
voluntary dismissal before the opposing party serves an answer or a motion for summary judgment.
Defendant Salery has not served an answer or filed a motion for summary judgment. Therefore,
Plaintiff’s dismissal of Mr. Salery took effect on the day that it was filed and on July 6, 2011, the
court clerk terminated Mr. Salery as a Defendant in this case. On July 12, 2011, Mr. Salery filed an
Objection to the Motion to Dismiss Without Prejudice. Because Rule 41(a) allows Plaintiff to
dismiss Mr. Salery without prejudice, the Court cannot prevent Plaintiff from doing so.
IT IS SO ORDERED.
Dated: July 21, 2011
ELIZABETH D. LAPORTE
United States Magistrate Judge
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