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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IO GROUP INC,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C-10-04378 EDL
ORDER RE DEFENDANT DAVID
SALERY’S OBJECTION TO MOTION
TO DISMISS WITHOUT PREJUDICE

v.
ELVIS BARNETT, et al.,
Defendants.

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On July 5, 2011, Plaintiff voluntarily dismissed Defendant David Salery without prejudice

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pursuant to Federal Rule of Civil Procedure 41(a), which permits Plaintiff to file a notice of

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voluntary dismissal before the opposing party serves an answer or a motion for summary judgment.

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Defendant Salery has not served an answer or filed a motion for summary judgment. Therefore,

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Plaintiff’s dismissal of Mr. Salery took effect on the day that it was filed and on July 6, 2011, the

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court clerk terminated Mr. Salery as a Defendant in this case. On July 12, 2011, Mr. Salery filed an

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Objection to the Motion to Dismiss Without Prejudice. Because Rule 41(a) allows Plaintiff to

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dismiss Mr. Salery without prejudice, the Court cannot prevent Plaintiff from doing so.

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IT IS SO ORDERED.
Dated: July 21, 2011
ELIZABETH D. LAPORTE
United States Magistrate Judge