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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHARLES A. HIGHSMITH,

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For the Northern District of California

United States District Court

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No. C 16-02823 WHA

Plaintiff,
v.

ORDER STRIKING NOTICE
OF VOLUNTARY DISMISSAL

GEICO CASUALTY COMPANY, and
DOES 1–20,
Defendants.
/

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Plaintiff filed a notice of voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) (Dkt.

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No. 23). Pursuant to that rule, voluntary dismissal without a court order and without the

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stipulation of all parties who have appeared is only available “before the opposing party serves

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either an answer or a motion for summary judgment . . . .” Defendant has served an answer

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(Dkt. No. 16). Plaintiff’s notice of voluntary dismissal is accordingly STRICKEN as

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procedurally improper.

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If plaintiff wishes to dismiss the action, he may do so by filing a motion pursuant

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to Rule 41(a)(2) or a stipulation joined by all parties who have appeared pursuant to

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Rule 41(a)(1)(A)(ii).

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Dated: January 31, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE