Cowen v. Bay Area Credit Service et al
ORDER that by April 17, 2017, Plaintiff must file a notice of dismissal as to Defendant Equifax or a status report. Signed by Magistrate Judge Carl W. Hoffman on 4/3/17. (Copies have been distributed pursuant to the NEF - MMM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MARIA E. COWEN,
BAY AREA CREDIT SERVICE, et al.,
Case No. 2:16-cv-02551-JCM-CWH
On January 17, 2017, Plaintiff Maria E. Cowen notified the court that she had reached a
settlement with Defendant Equifax Information Services, LLC. (Notice (ECF No. 4).) On January
24, 2017, the court entered a minute order requiring those parties to file dismissal documents or to
submit or a joint status report by March 20, 2017. (Min. Order (ECF No. 12).) The court notes that
although Defendant Equifax appeared in this matter by filing a stipulation to extend time to file its
answer, which the court approved, Defendant Equifax ultimately did not file an answer, presumably
because Plaintiff filed the notice of settlement before Defendant Equifax’s deadline to answer or
otherwise respond to the complaint. (See Order (ECF No. 5).) Thus, the court should have directed
its previous minute order only to Plaintiff. See Fed. R. Civ. P. 41(a)(1)(A)(i) (stating that the
plaintiff may dismiss an action without a court order by filing a notice of dismissal before the
opposing party serves either an answer or a motion for summary judgment). Regardless, to date,
Plaintiff has not filed a notice of dismissal or a status report as to Defendant Equifax.
IT IS THEREFORE ORDERED that by April 17, 2017, Plaintiff must file a notice of
dismissal as to Defendant Equifax or a status report.
DATED: April 3, 2017
C.W. Hoffman, Jr.
United States Magistrate Judge
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