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P.I.: Other | New York Eastern
Order on Motion to Dismiss Order Dismissing Case
ORDER: On July 19, 2024, Plaintiff filed [16-1] a Stipulation to Discontinue without Prejudice signed only by Plaintiff's counsel along with 16 a letter indicating that Plaintiff has decided to "discontinue this matter without prejudice [and] with the intention to prosecute this matter in a more 'local' location." (Dkt. 16.) The same day, the Court noted that Plaintiff had improperly filed the dismissal and ordered her to "either file a signed voluntary dismissal pursuant to Federal Rule of Civil Procedure ('Rule') 41(a)(1)(A)(i) or [ ] re-file the stipulation signed by all parties who have appeared pursuant to Rule 41(a)(1)(A)(ii) by August 2, 2024." (7/19/2024 Dkt. Order.) Plaintiff did not do so. The Court then sua sponte extended the deadline for Plaintiff to file corrected dismissal papers to August 12, 2024. (8/5/2024 Dkt. Order.) Still, Plaintiff has failed to file either a signed voluntary dismissal pursuant to Rule 41(a)(1)(A)(i) or a stipulation signed by all parties who have appeared pursuant to Rule 41(a)(1)(A)(ii).
In any event, it is clear that Plaintiff no longer wishes to pursue this case in federal court. Consequently, the Court dismisses this case without prejudice and finds 13 Defendants' motion to dismiss to be moot. Ordered by Judge Pamela K. Chen on 8/13/2024. (MLB)
Order(Other)
ORDER: The Court previously indicated that it cannot So Order the stipulation of dismissal Plaintiff filed on July 19, 2024 because it is not signed by all parties who have appeared. (See 7/19/2024 Dkt. Order.) The Court ordered Plaintiff to "either file a signed voluntary dismissal pursuant to Federal Rule of Civil Procedure ('Rule') 41(a)(1)(A)(i) or [to] re-file the stipulation signed by all parties who have appeared pursuant to Rule 41(a)(1)(A)(ii) by August 2, 2024." (Id.)
To date, Plaintiff has not done so. The Court therefore sua sponte extends the deadline for Plaintiff to file a signed voluntary dismissal or a stipulation of dismissal signed by all parties who have appeared until August 12, 2024. Ordered by Judge Pamela K. Chen on 8/5/2024. (MLB)
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