Hidalgo et al v. CL Medical Inc. et al

Filing 54

ORDER REJECTING NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE re 53 Notice of Voluntary Dismissal filed by Fernando Hidalgo. Signed by Judge William H. Orrick on 12/10/2013. (jmdS, COURT STAFF) (Filed on 12/10/2013)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SHEILA HIDALGO, et al., Case No. 12-cv-05664-WHO Plaintiffs, 8 v. 9 10 CL MEDICAL INC., Defendant. ORDER REJECTING NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE Re: Dkt. No. 53 United States District Court Northern District of California 11 12 Plaintiffs Sheila Hidalgo and Fernando Hidalgo have filed a notice pursuant to Federal 13 Rule of Civil Procedure 41(a)(1) purporting to voluntarily dismiss all claims without prejudice as 14 to Fernando Hidalgo. Plaintiffs misunderstand Rule 41(a)(1), which states that a notice of 15 dismissal is only effective “before the opposing party serves either an answer or a motion for 16 summary judgment.” The rule does not say that a defendant must both file an answer and a motion 17 for summary judgment to extinguish plaintiffs' right to voluntarily dismiss without prejudice. 18 Plaintiffs’ right to dismiss without prejudice under Rule 41(a)(1) terminated when defendant CL 19 Medical Inc. filed its Answer on November 13, 2012. 20 21 22 23 24 25 26 27 28 If they choose to do so, plaintiffs may file a motion to dismiss Fernando Hidalgo under Rule 41(a)(2) or a joint stipulation and proposed order for the Court to review. IT IS SO ORDERED. Dated: December 10, 2013 ______________________________________ WILLIAM H. ORRICK United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?