Moralez v. Altuhaif et al

Filing 18

ORDER re 17 Notice of Voluntary Dismissal filed by Francisca Moralez. Plaintiff is instructed to make best efforts to file a stipulation of dismissal signed by Defendant Badr A. Sanane by July 15, 2016. Signed by Magistrate Judge Donna M. Ryu on 07/01/2016. (dmrlc3, COURT STAFF) (Filed on 7/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,

Case No. 16-cv-00647-DMR

Plaintiff,
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v.

ORDER RE: NOTICE OF VOLUNTARY
DISMISSAL

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NASSER S.M. ALTUHAIF, et al.,

Re: Dkt. No. 17

United States District Court
Northern District of California

Defendants.
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On June 28, 2016, Plaintiff Francisca Moralez filed a notice of voluntary dismissal

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purporting to dismiss the lawsuit pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).

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[Docket No. 17.]

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However, dismissal by a Plaintiff under Rule 41(a)(1)(A)(i) is only proper where the notice

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of dismissal is filed prior to the opposing party serving an answer or motion for summary

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judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). In the present case, Defendant Badr A. Sanane filed an

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answer. [Docket No. 11.] The other defendants in this case have not appeared.

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Therefore, Plaintiff may dismiss the case under Federal Rule of Civil Procedure

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41(a)(1)(A)(ii) by filing a stipulation of dismissal signed by all parties who have appeared. To

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dismiss the case, Plaintiff is instructed to file a stipulation of dismissal signed by Defendant Badr

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A. Sanane. Plaintiff is instructed to make best efforts to file the stipulation of dismissal by July

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15, 2016.

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IT IS SO ORDERED.
Dated: July 1, 2016
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Donna M. Ryu
United States Magistrate Judge