Kurt Orban Partners LLC vs Panyu Chu Kong Steel Pipe Co Ltd

Filing 14

ORDER REGARDING DISMISSAL. Signed by Judge Nathanael M. Cousins on May 6, 2014. (nclc1S, COURT STAFF) (Filed on 5/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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KURT ORBAN PARTNERS, LLC,
Plaintiff,

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v.

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Case No. 13-cv-04337 NC
ORDER REGARDING DISMISSAL
Re: Dkt. No. 13

PANYU CHU KONG STEEL PIPE CO.

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Defendant.

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The Court responds to the Notice of Voluntary Dismissal and Proposed Order filed
May 5, 2014, at docket entry 13. The Notice of Request for Voluntary Dismissal seeks a
court order dismissing the action with prejudice. Federal Rule of Civil Procedure 41(a)
permits voluntary dismissal of an action without court order when the defendant has not
answered the complaint or moved for summary judgment. Fed. R. Civ. P. 41(a)(1)(A). The
defendant here has not answered the complaint or moved for summary judgment, so an
order of the Court is not required for plaintiff to dismiss its case. Even were it necessary,
the Court cannot enter a dismissal or judgment because defendant has not consented or
declined the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c).

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Case No. 13-cv-04337 NC
ORDER REGARDING DISMISSAL

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Accordingly, if plaintiff wishes to dismiss its case, plaintiff must file a voluntary

2 dismissal under Rule 41(a)(1), within fourteen days of this order, which must not include a
3 proposed Court order approving the dismissal.
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IT IS SO ORDERED.

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Date: May 5, 2014

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 13-cv-04337 NC
ORDER REGARDING DISMISSAL

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