Allyn v. Metropolitan Life Insurance Company et al

Filing 99

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 10/7/11. (lrc, COURT STAFF) (Filed on 10/12/2011)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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5 CHARLOTTE CHAPMAN ALLYN,

Plaintiff,

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vs.

Case No: C 09-5671 SBA
ORDER
Docket 92, 94

8 METROPOLITAN LIFE INSURANCE

COMPANY,
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Defendants.
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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.
As a result, on September 30, 2011, the Court issued an order requiring Defendant to
file a memorandum stating whether it opposes Plaintiff’s request for voluntary dismissal
with prejudice. Dkt. 95. On October 6, 2011, Defendant filed a notice of non-opposition
regarding Plaintiff’s request for voluntary dismissal with prejudice. Dkt. 98. In the notice,
Defendant states that it disputes Plaintiff’s characterizations of the events contained in her
voluntary dismissal and amended voluntary dismissal, but does not oppose dismissal with
prejudice. Accordingly,

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IT IS HEREBY ORDERED THAT this action is dismissed with prejudice. The
Clerk shall close the file and terminate all pending matters and deadlines.
IT IS SO ORDERED.

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Dated: October 7, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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CHARLOTTE CHAPMAN ALLYN,

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Plaintiff,

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v.
METROPOLITAN LIFE INSURANCE et al,
Defendant.
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Case Number: CV09-05671 SBA

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CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 12, 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.

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Charlotte Chapman Allyn
P.O. Box 2026
Napa, CA 94558

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Dated: October 12, 2011
Richard W. Wieking, Clerk

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By: LISA R CLARK, Deputy Clerk

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