Chapman v. Colvin

Filing 19

ORDER STRIKING HEARING AND GRANTING VOLUNTARY DISMISSAL WITHOUT PREJUDICE by Hon. Brian A Tsuchida. (AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LYNN GEYLA CHAPMAN,
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Plaintiff,
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v.
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NANCY A. BERRYHILL,

CASE NO. C16-1546 BAT
ORDER STRIKING HEARING AND
GRANTING VOLUNTARY DISMISSAL
WITHOUT PREJUDICE

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Defendant.
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The Court set a June 14, 2017 hearing to determine why plaintiff’s counsel twice missed

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briefing deadlines. Dkt. 17. Plaintiff’s counsel now seeks to strike the hearing and to voluntarily

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dismiss this case. Dkt. 18. Counsel states that this voluntary dismissal is requested with

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plaintiff’s knowledge, consent, and understanding. Id., at 1. Counsel suggests that the only

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reason he missed the last briefing deadline by thirteen days was because he was “re-review[ing]”

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the case, which was itself filed eight months ago. Id.

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The Court finds that counsel’s excuse for failing to file a brief, to seek an extension of

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time, or to communicate with the court—he did not understand his own case—to be specious and

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unacceptable. Nonetheless, the Court will take at face value counsel’s assertion that plaintiff has

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made an informed decision to seek voluntary dismissal of this case. The Court therefore

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ORDER STRIKING HEARING AND GRANTING VOLUNTARY
DISMISSAL WITHOUT PREJUDICE - 1

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STRIKES the hearing scheduled for June 14, 2017, and GRANTS VOLUNTARY

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DISMISSAL of this case without prejudice. See Fed. R. Civ. P. 41(a)(2).

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DATED this 13th day of June, 2017.

A

BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER STRIKING HEARING AND GRANTING VOLUNTARY
DISMISSAL WITHOUT PREJUDICE - 2