Allyn v. Metropolitan Life Insurance Company et al

Filing 95

ORDER re 92 Notice of Voluntary Dismissal filed by Charlotte Chapman Allyn, 94 Notice of Voluntary Dismissal filed by Charlotte Chapman Allyn. Signed by Judge ARMSTRONG on 9/28/11. (lrc, COURT STAFF) (Filed on 9/30/2011)

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1 UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 5 CHARLOTTE CHAPMAN ALLYN, Plaintiff, 6 7 vs. Case No: C 09-5671 SBA ORDER Docket 92, 94 8 METROPOLITAN LIFE INSURANCE COMPANY, 9 Defendants. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On September 26, 2011, pro se Plaintiff Charolette Chapman Allyn (“Plaintiff”) filed a document entitled “Plaintiff’s Voluntary Dismissal.” Dkt. 92. On September 27, 2011, Plaintiff filed a document entitled “Amended Plaintiff’s Voluntary Dismissal.” Dkt. 94. Under Federal Rule of Civil Procedure 41, a Court order is required to dismiss the plaintiff’s action, unless the defendant has not answered or filed for summary judgment or unless all parties file a stipulation seeking dismissal. Fed. R. Civ. P. 41(a)(1)&(2). Defendant Metropolitan Life Insurance Company (“Defendant”) has answered and filed for summary judgment. Dkt. 62, 80. Plaintiff has not filed a stipulation of dismissal signed by Defendant. Accordingly, IT IS HEREBY ORDERED THAT Defendant file a memorandum of no more than five (5) pages with the Court within seven (7) days from the date of this Order stating whether it opposes Plaintiff’s request for voluntary dismissal with prejudice, and, if so, the reasons for its opposition. IT IS SO ORDERED. 26 27 28 Dated: September 28, 2011 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 CHARLOTTE CHAPMAN ALLYN, 4 Plaintiff, 5 v. 6 METROPOLITAN LIFE INSURANCE et al, 7 Defendant. / 8 9 Case Number: CV09-05671 SBA 10 CERTIFICATE OF SERVICE 11 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 13 14 15 That on September 30, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Charlotte Chapman Allyn P.O. Box 2026 Napa, CA 94558 19 20 Dated: September 30, 2011 Richard W. Wieking, Clerk 21 By: LISA R CLARK, Deputy Clerk 22 23 24 25 26 27 28 -2-

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