Terry-Lee v. North Valley County Water and Sewer District et al
Filing
82
ORDER; 1. Plaintiff's Notice and Preciepe to Remove Mr. Callantine as a defendant 81 , which is construed as a Motion to Voluntarily Dismiss Mr. Callantine pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, is denied without pr ejudice and subject to renewal upon Plaintiffs compliance with Local Rule 7.1(c). 2. At all times during the pendency of this action, Plaintiff shall advise the Court and opposing counsel of any change of address and its effective date. Failure to file a notice of change of address may result in the dismissal of the action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Signed by Magistrate Judge John Johnston on 1/11/2018. (Cpy mailed to Plaintiff) (TLO)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
TERRY-LEE,
CV-15-43-BMM-JTJ
Plaintiff,
ORDER
v.
NORTH VALLEY COUNTY
WATER AND SEWER DISTRICT,
et al.,
Defendants.
Plaintiff Terry-Lee has filed a Notice and Preciepe to Remove Defendant
Gary Callantine as a Defendant. (Doc. 81.) The Court construes this as a motion
to voluntarily dismiss Mr. Callantine, pursuant to Rule 41(a)(2) of the Federal
Rules of Civil Procedure. There is no indication in the motion, however, that
Plaintiff has consulted opposing counsel regarding whether any of the defendants
object to the motion. See D. Mont. L.R. 7.1(c)(1) (“The text of the motion must
state that other parties have been contacted and state whether any party objects to
the motion.”). Plaintiff failed to comply with this Local Rule and therefore the
motion will be denied. The Court will deny any future motions which do not
comply with this rule. Based upon the foregoing, the Court issues the following:
ORDER
1. Plaintiff's Notice and Preciepe to Remove Mr. Callantine as a defendant
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(Doc. 81), which is construed as a Motion to Voluntarily Dismiss Mr. Callantine
pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, is denied
without prejudice and subject to renewal upon Plaintiff’s compliance with Local
Rule 7.1(c).
2. At all times during the pendency of this action, Plaintiff shall advise the
Court and opposing counsel of any change of address and its effective date.
Failure to file a notice of change of address may result in the dismissal of the
action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
DATED this 11th day of January, 2018.
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