Bradley, Kevin v. Wisconsin Department Of Natural Resources et al

Filing 29

ORDER that defendants Cathy Stepp, Mark Hannon and Timothy Ebert may have until November 27, 2012, in which to advise plaintiff Kevin P. Bradley and the court whether they agree to dismissal of this action without prejudice. If defendants agree to su ch a dismissal, the clerk of court is directed to close this case. If defendants do not agree to such a dismissal, plaintiff may have until December 4, 2012, in which to withdraw his motion for voluntary dismissal or to advise the court that he has no objection to a dismissal with prejudice. If, by December 4, 2012, plaintiff fails to request withdrawal of his notice of voluntary dismissal, the clerk of court is directed to enter judgment dismissing this case with prejudice. Signed by District Judge Barbara B. Crabb on 11/20/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KEVIN P. BRADLEY,
ORDER
Plaintiff,
11-cv-694-bbc
v.
CATHY STEPP, Secretary of the Department of Natural Resources,
in her official capacity, MACK HANNON, Conservation Officer,
in his official capacity, and TIMOTHY EBERT, Conservation Officer,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Kevin Bradley is proceeding in this action on his claims against defendants
Cathy Stepp, Mark Hannon and Timothy Ebert.

Defendants have responded to the

complaint and a preliminary pretrial conference was held on April 17, 2012. Now plaintiff
has filed a motion to dismiss this case.
When a motion for voluntary dismissal is filed after a defendant has filed an answer,
Rule 41(a)(2) provides that the action may be dismissed by the plaintiff "only upon order
of the court and upon such terms and conditions as the court deems proper." If defendants
are willing to accept dismissal without prejudice, I will grant plaintiff’s motion promptly.
However, because they have been required to defend this action, they may decide that they
will agree to voluntary dismissal only if it is with prejudice, which would mean that plaintiff
will be barred from bringing the claims in this case in any new case. If defendants are not

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willing to agree to a dismissal without prejudice, then plaintiff will have an opportunity to
withdraw his motion.

ORDER
IT IS ORDERED that defendants Cathy Stepp, Mark Hannon and Timothy Ebert
may have until November 27, 2012, in which to advise plaintiff Kevin P. Bradley and the
court whether they agree to dismissal of this action without prejudice. If defendants agree
to such a dismissal, the clerk of court is directed to close this case. If defendants do not
agree to such a dismissal, plaintiff may have until December 4, 2012, in which to withdraw
his motion for voluntary dismissal or to advise the court that he has no objection to a
dismissal with prejudice. If, by December 4, 2012, plaintiff fails to request withdrawal of
his notice of voluntary dismissal, the clerk of court is directed to enter judgment dismissing
this case with prejudice.
Entered this 20th day of November, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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