Opinion
02 Civ. 3288 (DLC).
April 13, 2005
ORDER
At approximately the end of January 2005 the Court received from the Clerk's office a January 21, 2005 notice of voluntary dismissal ("Notice") submitted by Jere Beasley, Sara Beasley, and Amy Methvin, three plaintiffs in Individual Action No. 04 Civ. 9711 ("Plaintiffs"). The Notice was apparently not served on defendants in the action, and no proof of service was filed.
After the Court informed defendants that such Notice had been received, the Citigroup Defendants, in a letter of April 8, 2005, and the Director Defendants, in a letter of April 12, 2005, requested that Plaintiffs be required to file an appropriate motion if they wished to dismiss their claims, citing this Court's May 28, 2003 Consolidation Order allowing Individual Action parties to submit motions to protect their unique interests.
An Order of November 5, 2003 deems defendants, for purposes of Rule 41 (a), Fed.R.Civ.P., to have filed an answer in each WorldCom Individual Action as of the date the Individual Action arrives on the Court's docket. Rule 41(a)(1)(i), Fed.R.Civ.P., provides that a plaintiff may dismiss a case once without prejudice without order of court "by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs." The period during which Plaintiffs could voluntarily dismiss their action without prejudice without a stipulation signed by all parties or an order of court had expired by January 21, 2005, as Plaintiffs action arrived on this Court's docket before that date, and the defendants were deemed to have answered on that date. As such, Plaintiffs must move for an Order of the Court to dismiss their action or must acquire a stipulation of all parties to its dismissal. It is hereby
ORDERED that Plaintiffs may submit a written motion by April 29, 2005. Opposition shall be due on May 13. Any reply is due on May 20.