Northern California Minimally Invasive Cardiovascular Surgery et al v. NorthBay Healthcare Corporation et al

Filing 86

REQUEST FOR RESPONSE. Signed by Judge Alsup on 1/9/17. (whalc1, COURT STAFF) (Filed on 1/9/2017)

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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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NORTHERN CALIFORNIA MINIMALLY
INVASIVE CARDIOVASCULAR SURGERY,
INC., a California Medical Corporation, and
RAMZI DEEIK, M.D., an individual,
Plaintiffs,

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No. C 15-06283 WHA

v.
NORTHBAY HEALTHCARE CORPORATION, a
California public benefit corporation, NORTHBAY
HEALTHCARE GROUP, INC., a California public
benefit corporation, and NORTHBAY
HEALTHCARE MEDICAL GROUP, INC.,

REQUEST FOR
RESPONSE

Defendants.
/

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On January 6, plaintiffs filed a “Notice of Voluntary Dismissal with Prejudice”

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purporting to voluntarily dismiss the action with prejudice pursuant to Rules 41(a)(1)(A)(i) and

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41(a)(1)(B). Defendants did not join in this notice.

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By JANUARY 10 AT NOON, both sides shall please state whether this voluntary dismissal

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was part of an agreement by both sides, or whether it should be stricken as procedurally

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improper under Rule 41(a)(1)(A)(i) which allows for unilateral dismissal only “before the

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opposing party serves either an answer or a motion for summary judgment . . . .”

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IT IS SO ORDERED.

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Dated: January 9, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE