IO Group, Inc., v. Does 1-50 Inclusive

Filing 54

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)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 IO GROUP INC, Plaintiff, 9 United States District Court For the Northern District of California 10 11 12 No. C-10-04378 EDL ORDER RE DEFENDANT DAVID SALERY’S OBJECTION TO MOTION TO DISMISS WITHOUT PREJUDICE v. ELVIS BARNETT, et al., Defendants. / 13 14 On July 5, 2011, Plaintiff voluntarily dismissed Defendant David Salery without prejudice 15 pursuant to Federal Rule of Civil Procedure 41(a), which permits Plaintiff to file a notice of 16 voluntary dismissal before the opposing party serves an answer or a motion for summary judgment. 17 Defendant Salery has not served an answer or filed a motion for summary judgment. Therefore, 18 Plaintiff’s dismissal of Mr. Salery took effect on the day that it was filed and on July 6, 2011, the 19 court clerk terminated Mr. Salery as a Defendant in this case. On July 12, 2011, Mr. Salery filed an 20 Objection to the Motion to Dismiss Without Prejudice. Because Rule 41(a) allows Plaintiff to 21 dismiss Mr. Salery without prejudice, the Court cannot prevent Plaintiff from doing so. 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: July 21, 2011 ELIZABETH D. LAPORTE United States Magistrate Judge

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