Lorentz v. Garrison Property and Casualty Insurance Company et al

Filing 9

ORDER denying 8] Unopposed Motion to Dismiss Defendant USAA Casualty Insurance Company. Garrison's Motion is DENIED without prejudice to Plaintiff filing a proper notice or stipulation under Rule 41(a)(1). Signed by Magistrate Judge Timothy J. Cavan on 6/4/2018. (JDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
ALYSSA LORENTZ,

CV 18-82-BLG-SPW-TJC

Plaintiff,
ORDER
vs.
GARRISON PROPERTY AND
CASUALTY INSURANCE
COMPANY, a foreign insurer, USAA
CASUALTY INSURANCE
COMPANY, a foreign insurer, AUTO
INJURY SOLUTIONS, INC., a foreign
corporation, and JOHN DOE,
Defendants.
Defendant Garrison Property and Casualty Insurance Company (“Garrison”)
has filed an Unopposed Motion to Dismiss Defendant USAA Casualty Insurance
Company (“USAA”). (Doc. 8.)
Federal Rule of Civil Procedure 41 governs dismissal of actions. Rule
41(a)(1)(A) states, in relevant part, that “the plaintiff may dismiss an action
without a court order by filing: (i) a notice of dismissal before the opposing party
serves either an answer or a motion for summary judgment; or (ii) a stipulation of
dismissal signed by all parties who have appeared. Fed.R.Civ.P. 41(a)(1)(A)
(emphasis added). “The plaintiff may dismiss either some or all of the defendants
– or some or all of his claims – through a Rule 41(a)(1) notice.” Concha v.

London, 62 F.3d 1493, 1506 (9th Cir. 1995). Dismissal pursuant to Rule 41(a)(1)
is effective upon filing; no court order is required. Id.
Here, USAA has not yet served either an answer or a motion for summary
judgment. Therefore, if Plaintiff wishes to dismiss USAA from this action,
Plaintiff is directed to file a notice of dismissal in accordance with Rule
41(a)(1)(A)(i), or a stipulation of dismissal pursuant Rule 41(a)(1)(A)(ii).
Accordingly, Garrison’s Motion is DENIED without prejudice to Plaintiff
filing a proper notice or stipulation under Rule 41(a)(1).
IT IS ORDERED.
DATED this 4th day of June, 2018.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge