Hardin v. Mendocino Coast District Hospital et al

Filing 339

ORDER DISMISSING CASE. Signed by Judge Jon S. Tigar on March 6, 2020. (mllS, COURT STAFF) (Filed on 3/6/2020)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ELLEN HARDIN,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

Case No. 17-cv-05554-JST
ORDER DISMISSING CASE

v.

Re: ECF No. 338
MENDOCINO COAST DISTRICT
HOSPITAL, et al.,
Defendants.

12
13

Plaintiff Ellen Hardin has filed a notice of voluntary dismissal under Federal Rule of Civil

14

Procedure 41(a)(1)(A)(i). ECF No. 338. That rule provides that a “plaintiff may dismiss an action

15

without a court order by filing . . . a notice of dismissal before the opposing party serves either an

16

answer or motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i) (emphasis added).

17

However, as Hardin’s notice itself observes, “Defendants have served a motion for summary

18

judgment.” ECF No. 338 at 2; see also ECF Nos. 270-72 (Defendants’ motions for summary

19

judgment). Defendants have also filed an answer. ECF No. 79. Dismissal under Rule

20

41(a)(1)(A)(i) would therefore be improper.

21

Nonetheless, pursuant to Hardin’s request – which was filed by counsel for Defendant

22

Mendocino Coast District Hospital – and in light of the parties’ settlement agreement, the Court

23

dismisses this case with prejudice under Rule 41(a)(2). The Clerk shall close the file.

24
25
26
27
28

IT IS SO ORDERED.
Dated: March 5, 2020
______________________________________
JON S. TIGAR
United States District Judge