Petruzzo v. Online Information Services, Inc.

Filing 15

ORDER DISMISSING CASE without prejudice to either party to reopen should settlement not be consummated on or before 12/2/2013. Unless the case isreopened, counsel are DIRECTED to file their Joint Stipulation of Dismissal With Prejudice on or before 12/2/2013. The Clerk of Court is DIRECTED to remove this matter from the court's calendar. Counsel is reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 10/17/2013. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:13-CV-86-F
MARIO PETRUZZO,

Plaintiff,

v.
ONLINE INFORMATION SERVICES,
INC.,
Defendant.

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ORDER

On September 11,2013, the parties filed a "Notice of Settlement" [DE-14] informing the
court that they had reached a settlement in this matter and that the Plaintiff anticipated filing a
notice of voluntary dismissal of the complaint. More than thirty days have passed, and neither
party has taken further action in the case.
Accordingly, upon notice of the settlement from the parties, and in accordance with this
court's usual practice, this action is hereby DISMISSED without prejudice to either party to
reopen should settlement not be consummated on or before December 2, 2013. Unless the case is
reopened, counsel are DIRECTED to file their Joint Stipulation of Dismissal With Prejudice 1 on
or before December 2, 2013. The Clerk of Court is DIRECTED to remove this matter from the
undersigned's court calendar.

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Because the Defendant has filed an answer in this action, Plaintiff cannot unilaterally dismiss this
action by filing a notice of voluntary dismissal. See Fed. R. Civ. P. 41(a).

SO ORDERED. This the 17th day of October, 2013.

~ox
Senior United States District Judge

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