Rose v. Behr Process Corp. et al

Filing 53

MINUTE ORDER striking Plaintiff's 52 Notice of Voluntary Dismissal. An answer has been filed in this matter (see Dkt. No. 40 ) and FRCP 41(a)(1)(A)(i) is unavailable to Plaintiff as a mechanism for dismissal. Authorized by Judge Marsha J. Pechman. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LINNE ROSE,
Plaintiff,

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CASE NO. C17-1754 MJP
MINUTE ORDER

v.
BEHR PROCESS CORP., et al.,
Defendants.

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The following minute order is made by the direction of the court, the Honorable Marsha
J. Pechman, United States District Judge:

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On February 25, 2019, Plaintiff filed a Notice of Voluntary Dismissal Without Prejudice,

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purportedly pursuant to FRCP 41(a)(1)(A)(i). (Dkt. No. 52.) FRCP 41(a)(1)(A)(i) provides that

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“the plaintiff may dismiss an action without a court order by filing a notice of dismissal before

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the opposing party serves either an answer or a motion for summary judgment.”

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An answer has been filed in this matter (see Dkt. No. 40, Answer and Affirmative

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Defenses of Defendants Behr Process Corporation, et al., to Plaintiff’s Class Action Complaint).

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MINUTE ORDER - 1

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As such, FRCP 41(a)(1)(A)(i) is unavailable to Plaintiff as a mechanism for dismissal. The

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Court suggests that FRCP 41(a)(1)(A)(ii) (“a stipulation of dismissal signed by all parties who

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have appeared”) might be a more appropriate vehicle.

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The pleading denoted as a “Notice of Voluntary Dismissal Without Prejudice” (Dkt. No.
52) is stricken.

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The clerk is ordered to provide copies of this order to all counsel.

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Filed February 25, 2019.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER - 2