Crawford v. Graham Holdings Company Long Term Disability Plan, FKA The Washington Post Company Long Term Disability Plan et al
Filing
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ORDER RE 40 NOTICE OF DISMISSAL. Signed by Judge Beth Labson Freeman on 11/13/2015. (blflc2S, COURT STAFF) (Filed on 11/13/2015)
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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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ANDREA CRAWFORD,
Case No. 15-cv-01477-BLF
Plaintiff,
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v.
ORDER RE NOTICE OF DISMISSAL
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GRAHAM HOLDINGS COMPANY LONG
TERM DISABILITY PLAN, et al.,
Defendants.
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United States District Court
Northern District of California
[Re: ECF 40]
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Plaintiff has filed what purports to be a Notice of Dismissal pursuant to Rule 41(a)(1) of
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the Federal Rules of Civil Procedure. ECF 40. The Notice does not include a stipulation and is
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signed solely by Plaintiff’s counsel. Id.
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A plaintiff may dismiss an action by filing a notice of dismissal “before the opposing party
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serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(i).
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Defendants in this case filed an answer on May 29, 2015. ECF 19. Accordingly, Plaintiff’s notice
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is improper.
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Alternatively, the plaintiff may dismiss a case by filing “a stipulation of dismissal signed
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by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(ii). If the parties wish to dismiss the
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case, the Court ORDERS Plaintiff to file a stipulation of dismissal signed by all parties.
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Furthermore, the Court notes that the caption in Plaintiff’s Notice of Dismissal names the incorrect
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defendants. To be valid, any future stipulation of dismissal must name the correct defendants.
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IT IS SO ORDERED.
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Dated: November 13, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge
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