Highsmith v. Geico Casualty Company
ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL. Signed by Judge Alsup on 1/31/17. (whalc1, COURT STAFF) (Filed on 1/31/2017)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
CHARLES A. HIGHSMITH,
For the Northern District of California
United States District Court
No. C 16-02823 WHA
ORDER STRIKING NOTICE
OF VOLUNTARY DISMISSAL
GEICO CASUALTY COMPANY, and
Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) (Dkt.
No. 23). Pursuant to that rule, voluntary dismissal without a court order and without the
stipulation of all parties who have appeared is only available “before the opposing party serves
either an answer or a motion for summary judgment . . . .” Defendant has served an answer
(Dkt. No. 16). Plaintiff’s notice of voluntary dismissal is accordingly STRICKEN as
If plaintiff wishes to dismiss the action, he may do so by filing a motion pursuant
to Rule 41(a)(2) or a stipulation joined by all parties who have appeared pursuant to
Dated: January 31, 2017.
UNITED STATES DISTRICT JUDGE
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