IT Network Solutions, LLC v. Kaseya US Sales, LLC et al

Filing 31

ORDER TO COMPLY WITH FRCP 41(a). Signed by Judge Beth Labson Freeman on 8/17/2015. (blflc3S, COURT STAFF) (Filed on 8/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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IT NETWORK SOLUTIONS, LLC,

Case No. 15-cv-00784-BLF

Plaintiff,
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v.

ORDER TO COMPLY WITH FRCP
41(a)

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KASEYA US SALES, LLC,

[Re: ECF 30]

Defendant.

United States District Court
Northern District of California

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On February 20, 2015, this case was transferred to the United States District Court for the

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Northern District of California. On June 5, 2015, the parties advised the Court that they had

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agreed to a settlement in principle. See ECF No. 24. On July 9, 2015, Counsel for Defendant

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advised the Court that Plaintiff’s Counsel is not admitted to practice before this Court and Plaintiff

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has not secured any other counsel admitted to practice before this Court, has failed to cooperate in

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a Rule 26(f) conference, has failed to meaningfully engage in the litigation or settlement process,

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and has failed to participate in the preparation of a joint case management statement. See ECF No.

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28. On July 15, 2015, the Court ordered Plaintiff to show cause by August 12, 2015 why this case

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should not be dismissed for a failure to follow the local rules. Id. On August 11, 2015, Plaintiff

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filed a voluntary stipulation of dismissal without prejudice signed only by Darren Kayal, an

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attorney for Plaintiff who is not admitted to practice before this Court. See ECF No. 30.

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Federal Rule of Civil Procedure 41(a)(1)(A) allows Plaintiff to voluntary dismiss an action

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

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answer or a motion for summary judgment or by filing a stipulation of dismissal signed by all

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parties who have appeared. Since Defendant filed an answer on April 15, 2015, see ECF No. 23,

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Plaintiff must file a stipulation of dismissal signed by all parties who have appeared. Furthermore,

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Mr. Kayal is not admitted to practice before this Court and the rules do not allow Mr. Kayal to

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sign pleadings submitted to this Court on Plaintiff’s behalf. Accordingly, the Court ORDERS

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Plaintiff to comply with Fed. R. Civ. P. 41(a) by submitting a stipulation of dismissal signed by

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Plaintiff or other Counsel admitted to appear before this Court. The stipulation of dismissal must

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also be signed by all parties who have appeared or accompanied with an attestation that all parties

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who have appeared concurred with the filing of the voluntary dismissal.

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IT IS SO ORDERED.
Dated: August 17, 2015
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BETH LABSON FREEMAN
United States District Judge

United States District Court
Northern District of California

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