Cartagena v. Service Source, Inc.

Filing 106

ORDER directing Clrk of Ct to mark matter CLOSED for statistical purposes only & directing parties to, as soon as practicable, submit appropriate dismissal filing in acc w/ FRCP 41(a). (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/7/19. (ki) Modified on 2/7/2019 typo (ki).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PEDRO CARTAGENA,
Plaintiff
v.
SERVICE SOURCE, INC.,
Defendant

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CIVIL ACTION NO. 1:17-CV-742
(Chief Judge Conner)

ORDER
AND NOW, this 7th day of February, 2019, the parties having reported to
the court that the above-caption action has settled, it is hereby ORDERED that the
Clerk of Court is directed to mark this matter CLOSED for statistical purposes only,
and the parties shall, as soon as practicable, submit an appropriate dismissal filing
in accordance with Federal Rule of Civil Procedure 41(a).1
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

Rule 41 contemplates three methods of dismissal. Before an answer or
summary judgment motion has been filed, an action can be dismissed by a notice
of dismissal signed by the plaintiff alone. See FED. R. CIV. P. 41(a)(1)(A)(i). After an
answer or motion for summary judgment has been filed, the parties can dismiss a
case by filing a stipulation of dismissal signed by all parties to have appeared. See
FED. R. CIV. P. 41(a)(1)(A)(ii). Either of these filings operates to close the case and
end the court’s jurisdiction without further court action. For any dismissal that is
conditional or otherwise requires court approval, including, for example, a request
that the court retain jurisdiction for a specific period of time for enforcement of the
settlement, the plaintiff shall submit a motion to dismiss setting forth the requested
terms for dismissal, accompanied by a proposed order. See FED. R. CIV. P. 41(a)(2).
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