Rutledge v. County of Sonoma et al

Filing 136

ORDER re 119 STRIKING NOTICE OF VOLUNTARY DISMISSAL. Signed by Judge CLAUDIA WILKEN on 5/21/09. (scc, COURT STAFF) (Filed on 5/21/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff has filed a notice of voluntary dismissal without prejudice of all of his claims against Defendants J. Michael Mullins and Stephan R. Passalacqua. Rule 41(a) of the Federal v. COUNTY OF SONOMA, et al., Defendants. / ZACHARIAH JUDSON RUTLEDGE, Plaintiff, No. C 07-4274 CW ORDER STRIKING NOTICE OF VOLUNTARY DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Rules of Civil Procedure provides that a plaintiff may, without a court order, dismiss all claims against a defendant only by filing either: 1) a notice of dismissal before the defendant serves an answer or a motion or summary judgment; or 2) a stipulation of dismissal signed by all parties who have appeared. court order is required. answered the complaint. Otherwise, a

Mr. Mullins and Mr. Passalacqua have both Plaintiff therefore may not dismiss his

claims against these Defendants by filing a notice of dismissal. Accordingly, the notice of dismissal (Docket No. 119) is STRICKEN. If Plaintiff wishes to dismiss his claims against Mr. Mullins and

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Mr. Passalacqua, he must either file a stipulation of dismissal or, if Defendants will not agree to a stipulation, move the Court for an order of dismissal. IT IS SO ORDERED.

Dated: 5/21/O9

CLAUDIA WILKEN United States District Judge

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