Foley v. Republic Airline, Inc. et al

Filing 22

ORDER DISMISSING CASE without prejudice to either party to reopen should settlement not be consummated on or before 5/22/2014. Unless the case is reopened, counsel are DIRECTED to file their Joint Stipulation of Dismissal on or before that date. The Clerk of Court is DIRECTED to remove this matter from the court's calendar. Signed by Senior Judge James C. Fox on 5/8/2014. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-534-F
CATHERINE FOLEY,

Plaintiff,

v.
REPUBLIC AIRLINE, INC., et al.

Defendants

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ORDER

The court previously was informed by the court-appointed mediator in this action that the
parties have reached a complete settlement of the claims in this matter, and that the plaintiff would
be filing a voluntary dismissal with prejudice' on or before May 5, 2014. To date, no parties have
taken action to dismiss this case.
Regardless, given the mediator's statement, the court orders that this action is DISMISSED
without prejudice to either party to reopen should settlement not be consummated on or before May
22, 2014. Unless the case is reopened, counsel are DIRECTED to file their Joint Stipulation of
Dismissal on or before that date. The Clerk of Court is DIRECTED to remove this matter from the
undersigned's court calendar.

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Because Defendants Frontier Airlines, Inc., and Republic Airlines, Inc., have filed Answers in this
action [DE-9; DE-l 0], Plaintiff cannot unilaterally dismiss this action by filing a notice of voluntary
dismissal. Instead, Plaintiff would have to file a motion to voluntary dismiss her claims, or
stipulation of dismissal. See Fed. R. Civ. P. 41.

SO ORDERED. This the 8th day of May, 2014.

nior United States District Judge

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