Carlson v. Teamsters Union Local 190

Filing 26

ORDER denying 25 Motion to Dismiss without prejudice. Signed by Magistrate Judge Timothy J. Cavan on 6/29/2017. (AEC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
KEN CARLSON,

CV 17-43-BLG-TJC
Plaintiff,
ORDER

vs.
TEAMSTERS UNION LOCAL 190,
Defendant.
Before the Court is Plaintiff Ken Carlson’s Motion to Dismiss with
Prejudice. (Doc. 25.) Plaintiff asserts that the parties have agreed to a dismissal
with prejudice and requests an order granting same.
Because Defendant Teamsters Union Local 190 has filed both an answer
(Doc. 5) and a motion for summary judgment (Doc. 12), Plaintiff may only
voluntarily dismiss this case by way of order from the Court “on terms the court
considers proper.” Fed. R. Civ. P. 41(a)(2). Due to the present posture of this
case, and especially Defendant’s pending dispositive motion, the Court requires the
signature of all interested parties before it will grant dismissal. Accordingly,
IT IS ORDERED that Plaintiff’s motion is DENIED without prejudice.
Plaintiff may refile his motion, provided it is accompanied by a stipulation for
dismissal signed by representatives of all parties who have appeared in this case.
//

DATED this 29th day of June, 2017.

_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge