Crawford v. Graham Holdings Company Long Term Disability Plan, FKA The Washington Post Company Long Term Disability Plan et al

Filing 41

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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 ANDREA CRAWFORD, Case No. 15-cv-01477-BLF Plaintiff, 8 v. ORDER RE NOTICE OF DISMISSAL 9 10 GRAHAM HOLDINGS COMPANY LONG TERM DISABILITY PLAN, et al., Defendants. 11 United States District Court Northern District of California [Re: ECF 40] 12 13 Plaintiff has filed what purports to be a Notice of Dismissal pursuant to Rule 41(a)(1) of 14 the Federal Rules of Civil Procedure. ECF 40. The Notice does not include a stipulation and is 15 signed solely by Plaintiff’s counsel. Id. 16 A plaintiff may dismiss an action by filing a notice of dismissal “before the opposing party 17 serves either an answer or a motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(i). 18 Defendants in this case filed an answer on May 29, 2015. ECF 19. Accordingly, Plaintiff’s notice 19 is improper. 20 Alternatively, the plaintiff may dismiss a case by filing “a stipulation of dismissal signed 21 by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(ii). If the parties wish to dismiss the 22 case, the Court ORDERS Plaintiff to file a stipulation of dismissal signed by all parties. 23 Furthermore, the Court notes that the caption in Plaintiff’s Notice of Dismissal names the incorrect 24 defendants. To be valid, any future stipulation of dismissal must name the correct defendants. 25 IT IS SO ORDERED. 26 27 28 Dated: November 13, 2015 ______________________________________ BETH LABSON FREEMAN United States District Judge

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