Lopez v. City and County of San Francisco et al

Filing 9

ORDER GRANTING re 8 Notice of Voluntary Dismissal filed by Ricardo Lopez. Signed by Magistrate Judge Maria-Elena James on 1/7/2013. (rmm2S, COURT STAFF) (Filed on 1/7/2013)

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Russell A. Robinson, SBN 163937
Law Office of Russell A. Robinson
345 Grove Street, 1st Floor
San Francisco, CA 94102
Phone:
415.255.0462
Fax:
415.431.4526
e-mail:
[e-mail]
Counsel for Plaintiff
RICARDO LOPEZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICARDO LOPEZ,

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Case No.

Plaintiff,

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v.

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CITY & COUNTY OF SAN FRANCISCO,
et al.,

C-12-6523-MEJ

NOTICE OF VOLUNTARY DISMISSAL OF
DEFENDANT NATHANIEL FORD WITHOUT
PREJUDICE
Fed. Rules of Civ. Proc., Rule 41(a)
[Employment – Jury Demanded]

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Defendants.
__________________________________/

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TO THE HONORABLE COURT AND TO ALL PARTIES AND COUNSEL:

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PLEASE TAKE NOTICE that while he believed, and believes, that the action was filed

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and maintained in good faith and with cause (never frivolous) against Defendant Nathaniel

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Ford, before this matter was removed by some defendants to federal court, Plaintiff had in fact

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requested dismissal of Defendant Nathaniel Ford. However, this Court’s docket does not

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reflect the fact that Nathaniel Ford has in fact previously been dismissed without prejudice;

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therefore, pursuant to Federal Rules of Civil Procedure (FRCP), Rule 41(a), Plaintiff hereby

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gives notice of voluntary dismissal of Defendant Nathaniel Ford as follows:

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Voluntary Dismissal.

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(1)

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By the Plaintiff.
(A)

Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and
any applicable federal statute, the plaintiff may dismiss an action without
a court order by filing:

____________________________________________________________________________________
Lopez v. C&CSF, et al.
P004NOD
NOTICE OF DISMISSAL OF DEFENDANT
NATHANIEL FORD WITHOUT PREJUDICE

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(i)

a notice of dismissal before the opposing party serves either an
answer or a motion for summary judgment; or

(ii)

a stipulation of dismissal signed by all parties who have appeared.

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(B)

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Effect. Unless the notice or stipulation states otherwise, the dismissal is
without prejudice. But if the plaintiff previously dismissed any federal – or
state – court action based on or including the same claim, a notice of
dismissal operates as an adjudication on the merits.

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Date: January 3, 2013

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S
UNIT
ED

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TED
GRAN

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Dated:

1/7/2013

James

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RT

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NO

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na
aria-Ele
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S DISTRICT
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/s/ Russell A. Robinson
By:
Russell A. Robinson
Law Office of Russell A. Robinson
Counsel for Plaintiff
RICARDO LOPEZ

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D IS T IC T O
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____________________________________________________________________________________
Lopez v. C&CSF, et al.
P004NOD
NOTICE OF DISMISSAL OF DEFENDANT
-2NATHANIEL FORD WITHOUT PREJUDICE