HICA Education Loan Corporation v. Hilliard

Filing 42

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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 For the Northern District of California United States District Court 10 11 HICA EDUCATIONAL LOAN CORPORATION, No. C-11-4401 MMC ORDER AFFORDING DEFENDANT OPPORTUNITY TO RESPOND TO PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL 12 Plaintiff, 13 v. 14 DENISE M. HILLIARD, 15 Defendant. 16 / 17 Before the Court is plaintiff’s Notice of Voluntary Dismissal, filed October 3, 2013, by 18 which plaintiff gives notice he is dismissing his claims against defendants without prejudice. 19 Pursuant to the Federal Rules of Civil Procedure, a plaintiff may dismiss an action 20 without a court order by filing notice of dismissal before a defendant has filed an answer or 21 a motion for summary judgment. See Fed. R. Civ. P. 41(a)(1)(A)(i). Here, however, 22 defendant has filed an answer. Consequently, in the absence of a stipulation signed by the 23 defendant, see Fed. R. Civ. P. 41(a)(1)(A)(ii), the action may be dismissed “only by court 24 order, on terms that the court considers proper,” see Fed. R. Civ. P. 41(a)(2). 25 In the interests of judicial economy, the Court will construe plaintiff’s Notice of 26 Voluntary Dismissal as a motion to dismiss his claims without prejudice, and will afford 27 defendant an opportunity to respond thereto. 28 Accordingly, defendant is hereby afforded leave to file, no later than October 18, 1 2013, any response to plaintiff’s request to dismiss without prejudice. As of October 18, 2 2013, unless the parties are otherwise informed, the Court will take the matter under 3 submission. 4 IT IS SO ORDERED. 5 6 Dated: October 4, 2013 MAXINE M. CHESNEY United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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