Highsmith v. Geico Casualty Company

Filing 24

ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL. Signed by Judge Alsup on 1/31/17. (whalc1, COURT STAFF) (Filed on 1/31/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 CHARLES A. HIGHSMITH, 11 For the Northern District of California United States District Court 10 12 13 14 15 No. C 16-02823 WHA Plaintiff, v. ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL GEICO CASUALTY COMPANY, and DOES 1–20, Defendants. / 16 17 Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) (Dkt. 18 No. 23). Pursuant to that rule, voluntary dismissal without a court order and without the 19 stipulation of all parties who have appeared is only available “before the opposing party serves 20 either an answer or a motion for summary judgment . . . .” Defendant has served an answer 21 (Dkt. No. 16). Plaintiff’s notice of voluntary dismissal is accordingly STRICKEN as 22 procedurally improper. 23 If plaintiff wishes to dismiss the action, he may do so by filing a motion pursuant 24 to Rule 41(a)(2) or a stipulation joined by all parties who have appeared pursuant to 25 Rule 41(a)(1)(A)(ii). 26 27 28 Dated: January 31, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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