Cowen v. Bay Area Credit Service et al

Filing 28

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARIA E. COWEN,

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Plaintiff,
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vs.
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BAY AREA CREDIT SERVICE, et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-02551-JCM-CWH
ORDER

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On January 17, 2017, Plaintiff Maria E. Cowen notified the court that she had reached a

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settlement with Defendant Equifax Information Services, LLC. (Notice (ECF No. 4).) On January

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24, 2017, the court entered a minute order requiring those parties to file dismissal documents or to

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submit or a joint status report by March 20, 2017. (Min. Order (ECF No. 12).) The court notes that

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although Defendant Equifax appeared in this matter by filing a stipulation to extend time to file its

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answer, which the court approved, Defendant Equifax ultimately did not file an answer, presumably

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because Plaintiff filed the notice of settlement before Defendant Equifax’s deadline to answer or

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otherwise respond to the complaint. (See Order (ECF No. 5).) Thus, the court should have directed

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its previous minute order only to Plaintiff. See Fed. R. Civ. P. 41(a)(1)(A)(i) (stating that the

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plaintiff may dismiss an action without a court order by filing a notice of dismissal before the

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opposing party serves either an answer or a motion for summary judgment). Regardless, to date,

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Plaintiff has not filed a notice of dismissal or a status report as to Defendant Equifax.

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IT IS THEREFORE ORDERED that by April 17, 2017, Plaintiff must file a notice of
dismissal as to Defendant Equifax or a status report.

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DATED: April 3, 2017
______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge