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P.I.: Other | California Central
Dismiss Case
First STIPULATION to Dismiss Case pursuant to Settlement filed by Plaintiff Deyana Alaniz.(Attorney Brennan C. Azizi added to party Deyana Alaniz(pty:pla))(Azizi, Brennan)
For Order
TEXT ONLY ENTRY - (IN CHAMBERS) by Magistrate Judge Brianna Fuller Mircheff. Plaintiff filed a notice of voluntary dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a). (ECF 20.) Rule 41(a) permits plaintiffs to dismiss an action without a court order "by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P 41(a)(1)(A). Here, Defendant has already filed an answer to Plaintiff's complaint. (ECF 1-4 (Defendant Target Corporation's Answer).) Plaintiff may therefore not dismiss this case without a stipulation of dismissal signed by all parties who have appeared or through court order. Fed. R. Civ. P 41(a)(1)(A)(ii). Accordingly, Plaintiff's request to dismiss this case via Rule 41(a)(1)(A)(i) is DENIED as procedurally improper. Plaintiff may file a stipulation of dismissal signed by all parties who have appeared indicating whether the dismissal is with or without prejudice, or may file a request for a court order specifying the terms of dismissal. 20 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch)
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