Castillo-Antonio v. Kaopoo Saephanh et al

Filing 19

ORDER AFFORDING DEFENDANTS OPPORTUNITY TO RESPOND TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL. Defendants are afforded leave to file, no later than October 9, 2013, any response to plaintiff's request to dismiss without prejudice. As of October 9, 2013, unless the parties are otherwise informed, the Court will take the matter under submission. Signed by Judge Maxine M. Chesney on September 25, 2013. (mmclc1, COURT STAFF) (Filed on 9/25/2013)

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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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JOSE DANIEL CASTILLO-ANTONIO,
Plaintiff,

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No. C-13-2326 MMC
ORDER AFFORDING DEFENDANTS
OPPORTUNITY TO RESPOND TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL

v.
KAOPOO SAEPHANH, et al.,
Defendants.

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Before the Court is plaintiff’s Notice of Voluntary Dismissal, filed September 16,

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2013, by which plaintiff gives notice he is dismissing his claims against defendants without

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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, each

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of the three defendants named in the complaint has filed an answer. Consequently, in the

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absence of a stipulation signed by all defendants, see Fed. R. Civ. P. 41(a)(1)(A)(ii), the

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action may be dismissed “only by court order, on terms that the court considers proper,”

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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
Voluntary Dismissal as a motion to dismiss without prejudice his claims against

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defendants, and will afford defendants an opportunity to response thereto.
Accordingly, defendants are hereby afforded leave to file, no later than October 9,

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2013, any response to plaintiff’s request to dismiss without prejudice. As of October 9,

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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: September 25, 2013
MAXINE M. CHESNEY
United States District Judge

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