HICA Education Loan Corporation v. Hilliard
Filing
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ORDER AFFORDING DEFENDANT OPPORTUNITY TO RESPOND TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL. Signed by Judge Maxine M. Chesney on October 4, 2013. (mmclc2, COURT STAFF) (Filed on 10/4/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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HICA EDUCATIONAL LOAN
CORPORATION,
No. C-11-4401 MMC
ORDER AFFORDING DEFENDANT
OPPORTUNITY TO RESPOND TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL
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Plaintiff,
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v.
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DENISE M. HILLIARD,
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Defendant.
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/
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Before the Court is plaintiff’s Notice of Voluntary Dismissal, filed October 3, 2013, by
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which plaintiff gives notice he is dismissing his claims against defendants without prejudice.
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Pursuant to the Federal Rules of Civil Procedure, a plaintiff may dismiss an action
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without a court order by filing notice of dismissal before a defendant has filed an answer or
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a motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(A)(i). Here, however,
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defendant has filed an answer. Consequently, in the absence of a stipulation signed by the
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defendant, see Fed. R. Civ. P. 41(a)(1)(A)(ii), the action may be dismissed “only by court
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order, on terms that the court considers proper,” see Fed. R. Civ. P. 41(a)(2).
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In the interests of judicial economy, the Court will construe plaintiff’s Notice of
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Voluntary Dismissal as a motion to dismiss his claims without prejudice, and will afford
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defendant an opportunity to respond thereto.
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Accordingly, defendant is hereby afforded leave to file, no later than October 18,
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2013, any response to plaintiff’s request to dismiss without prejudice. As of October 18,
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2013, unless the parties are otherwise informed, the Court will take the matter under
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submission.
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IT IS SO ORDERED.
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Dated: October 4, 2013
MAXINE M. CHESNEY
United States District Judge
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