Isbell et al v. Oklahoma City City of et al

Filing 47

ORDER DISMISSING CASE. Signed by Honorable Timothy D. DeGiusti on 8/1/2012. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
SARAH E. ISBELL, et al.,
Plaintiffs,
v.
CITY OF OKLAHOMA CITY,
OKLAHOMA, et al.,
Defendants.

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Case No. CIV-11-1423-D

ORDER OF DISMISSAL
On June 8, 2012, the Court entered its Order Allowing Withdrawal of Counsel [Doc.
No. 43], which withdrew attorney Mark E. Hammons as counsel of record for Plaintiffs in
this action. By that Order, the Court directed Plaintiffs either to obtain new counsel or to
give notice, individually, of their intent to proceed pro se within a specified time period.
On July 11, 2012, the Court entered its Order to Show Cause [Doc. No. 44]. By that
Order, the Court directed Plaintiffs either to comply with the June 8 Order or to show cause,
individually, for their failure to comply. Plaintiffs were directed to file a written response
by July 25, 2012, and cautioned that a failure to respond would result in the dismissal of their
action.
Only Plaintiff Sarah E. Isbell has filed a timely response. Plaintiff Isbell states her
intent not to proceed with this case and requests a voluntary dismissal of all her claims.
Because Defendants have neither answered nor moved for summary judgment, this statement
serves as a notice of voluntary dismissal of Plaintiff Isbell’s action pursuant to Fed. R. Civ.

P. 41(a)(1)(A)(i). See Janssen v. Harris, 321 F.3d 998, 1000 (10th Cir. 2003); see also
Netwig v. Georgia Pacific Corp., 375 F.3d 1009, 1010 (10th Cir. 2004). As to the remaining
Plaintiffs, their failure to comply with prior orders warrants an involuntary dismissal pursuant
to Fed. R. Civ. P. 41(b) and the inherent authority of the Court.
IT IS THEREFORE ORDERED that this case is DISMISSED without prejudice to
refiling. The Clerk shall serve a copy of this Order on Plaintiffs’ former counsel, Mark E.
Hammons, who shall promptly forward copies to each plaintiff at his or her last known
address.
IT IS SO ORDERED this 1st of August, 2012.

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