Jones v. Baker et al

Filing 63

ORDER denying without prejudice Plaintiff's ECF No. 61 Motion to Voluntarily Dismiss. Signed by Judge Robert C. Jones on 7/8/2020. (Copies have been distributed pursuant to the NEF - KR)

Case 3:17-cv-00572-RCJ-WGC Document 63 Filed 07/08/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BILLY R. JONES,

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Case No. 3:17-CV-00572-RCJ-WGC

Plaintiff,

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vs.

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RONALD BRYANT, et al.,

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Defendants.

ORDER

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Plaintiff moves this Court to dismiss his case under Fed. R. Civ. P. 41(a). (ECF No. 61.)

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Defendants do not oppose dismissal. (ECF No. 63.) Nevertheless, the statutory requirements of

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FRCP 41(a)(1)(A) are not met and dismissal under FRCP 41(a)(2) is not appropriate at this time.

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The Court therefore denies Plaintiff’s motion without prejudice.

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Under FRCP 41(a)(1)(A), a plaintiff may dismiss an action or a defendant without court

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order by “filing a notice of dismissal before the opposing party serves either an answer or a motion

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for summary judgment[] or a stipulation of dismissal signed by all parties who have appeared.” In

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the instant case, an answer has been filed by Defendants. (ECF No. 24.) Further, a notice of non-

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opposition is not equivalent to a signed stipulation of dismissal. Consequently FRCP 41(a)(1)(A)

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is not satisfied.
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Case 3:17-cv-00572-RCJ-WGC Document 63 Filed 07/08/20 Page 2 of 2

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Where FRCP 41(a)(1)(A) does not apply, “an action may be dismissed at the plaintiff's

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request only by court order, on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2).

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Here, Plaintiff requests the Court make dismissal conditional on “Defendants agree[ing] to

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stipulated agreement sent to Defendants[’] attorney . . . .” (ECF No. 61 at 2.) This Court declines

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to enter a conditional dismissal, especially where Defendants “ha[ve] no record of receiving a[ny]

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proposed stipulated agreement[s].” (ECF No. 63 at 1.)
CONCLUSION

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Voluntarily Dismiss is DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated July 8, 2020.

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_____________________________________
ROBERT C. JONES
United States District Judge

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