Kerr v. Hurd et al
Filing 106
ORDER STRIKING NOTICE OF DISMISSAL - This case is before the Court sua sponte on Plaintiff's filing of a Notice Dismissing Second and Fourth Causes of Action (Doc. No. 105). Plaintiff gives no indication whether the dismissal is intended to be w ith or without prejudice or of any discussion of this matter with Defendants' counsel. Plaintiff also does not cite any authority for such a filing. Fed. R. Civ. P. 41 authorizes dismissal of cases, but not pieces of cases. If Plaintiff has aban doned these two claims in his Memorandum in Opposition to Defendants' Motions for Summary Judgment, the Court will treat them as thus abandoned when it decides those Motions. If, on the other hand, Plaintiff is attempting to have these two claims dismissed without prejudice, he can do so only with Defendants' consent or on motion to amend the Complaint. Signed by Magistrate Judge Michael R Merz on 8/24/2009. (kopf1, )
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