Byrd et al v. Tooling Acquisition Company et al

Filing 20

ORDER re 19 Notice of Voluntary Dismissal - If Plaintiffs seek to dismiss this action they are ordered to refile a Notice of Voluntary Dismissal which complies with requirements within 30 days.. Signed by District Judge Richard Voorhees on 10/27/15. (ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:15-CV-00007-RLV-DCK
JAMIE BYRD AND
JUSTIN BYRD,
Plaintiffs,
v.
TOOLING ACQUISITION CO. AND
NAP TOOLS, LLC d/b/a NAP GLADU,
AND
DEARBORN NATIONAL LIFE
INSURANCE COMPANY, (formerly
known as Fort Dearborn Life Insurance
Company)
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiffs’ Notice of Voluntary
Dismissal With Prejudice (the “Notice”). [Doc. No. 19]. In Plaintiffs’ Notice, Plaintiffs purport to
dismiss their cause of action, with prejudice, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules
of Civil Procedure. Id. However, the Court has reviewed the Notice and has determined that
Plaintiffs’ Notice is not in compliance with the Rule. Plaintiffs’ Notice does not contain a
stipulation of dismissal that is signed by all parties who have appeared. Compare [Doc. No. 19]
with Fed. R. Civ. Pro. 41(a)(1)(A)(ii). Accordingly, Plaintiffs’ Notice is deficient and cannot serve
to dismiss this action.

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If Plaintiffs still seek to voluntarily dismiss this action, then they are HEREBY
ORDERED to refile a notice of voluntary dismissal, which fully complies with the requirements
of Rule 41(a)(1)(A)(ii), or otherwise move for a dismissal under Rule 41(a)(2), within THIRTY
(30) DAYS of the date of this Order.
SO ORDERED.

Signed: October 26, 2015

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