Bryant v. Silverman et al

Filing 103

OPINION AND ORDER re: 101 NOTICE OF VOLUNTARY DISMISSAL. Plaintiff's First Notice of Voluntary Dismissal was deemed ineffective and invalid; the Court thus cannot do as Monaghan requests. See Dkt. 51. But for exactly the same reasons that Mag istrate Judge Pitman found Plaintiff's First Notice of Voluntary Dismissal invalid, the Court similarly finds Plaintiff's most recent Notice untimely and ineffective. She has lost her right to voluntarily dismiss the action unilaterally, wi thout prejudice; the time period for doing so has long passed. See Fed. R. Civ. P. 41(a)(1)(A)(i). She must either consent to dismissal with prejudice by entering a stipulation pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), or reply, if she wished, to M onaghan's June 21, 2017 Opposition to her May 24, 2017 Motion for Leave to File Supplemental Pleadings. Dkts. 93, 97. Plaintiff's Rule 41 Notice seeking to voluntarily dismiss the action without prejudice is ineffective. The reference to Magistrate Pitman is continued. (Signed by Judge Paul A. Crotty on 6/26/2017) Copies mailed by Chambers. (ras) Modified on 6/26/2017 (ras).