Echols et al v. Davis et al

Filing 24

ORDER that parties shall file a stipulation of dismissal within 7 days of entry of this Order. Signed by District Judge Martin Reidinger on 8/29/2015. (klb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:14-cv-00039-MR-DLH

RENZA ECHOLS and ELEANOR
ECHOLS,

)
)
)
Plaintiffs,
)
)
vs.
)
)
TODD W. DAVIS and DAVIS &
)
HALLAUER-FOX, a/k/a HILL STREET )
ATTORNEYS, P.C.,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On July 10, 2015, the parties filed a report of mediation, advising that
this matter had been completely settled. [Doc. 22]. The Court entered a
Order directing the parties to file a stipulation of dismissal within thirty (30)
days. [See Text-Only Order entered July 10, 2015]. On August 14, 2015,
the Plaintiffs filed a Notice of Voluntary Dismissal as to all Defendants. [Doc.
23].
Rule 41 of the Federal Rules of Civil Procedure provides that in order
to dismiss a case, a notice of dismissal may be filed by a plaintiff before the
opposing party has served either an answer or motion for summary

judgment.

Fed. R. Civ. P. 41(a)(1)(i).

In the event that an answer or

summary judgment motion has been filed, the parties must file a stipulation
of dismissal signed by all parties who have appeared in the action. Fed. R.
Civ. P. 41(a)(1)(ii).

Here, because the Defendants filed Answers, the

Plaintiff’s Notice of Voluntary Dismissal does not serve to dismiss the action.
IT IS, THEREFORE, ORDERED that the parties shall file a stipulation
of dismissal within seven (7) days of the entry of this Order. Failure to file a
stipulation within the time required will result in the dismissal of this action
without further Order.
IT IS SO ORDERED.

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