Opinion
Case No: C 09-5671 SBA.
October 12, 2011
ORDER Docket 92, 94
On September 26, 2011, pro se Plaintiff Charolette Chapman Allyn ("Plaintiff") filed a document entitled "Plaintiff's Voluntary Dismissal." Dkt. 92. On September 27, 2011, Plaintiff filed a document entitled "Amended Plaintiff's Voluntary Dismissal." Dkt. 94. Under Federal Rule of Civil Procedure 41, a Court order is required to dismiss the plaintiff's action, unless the defendant has not answered or filed for summary judgment or unless all parties file a stipulation seeking dismissal. Fed.R.Civ.P. 41(a)(1) (2). Defendant Metropolitan Life Insurance Company ("Defendant") has answered and filed for summary judgment. Dkt. 62, 80. Plaintiff has not filed a stipulation of dismissal signed by Defendant.
As a result, on September 30, 2011, the Court issued an order requiring Defendant to file a memorandum stating whether it opposes Plaintiff's request for voluntary dismissal with prejudice. Dkt. 95. On October 6, 2011, Defendant filed a notice of non-opposition regarding Plaintiff's request for voluntary dismissal with prejudice. Dkt. 98. In the notice, Defendant states that it disputes Plaintiff's characterizations of the events contained in her voluntary dismissal and amended voluntary dismissal, but does not oppose dismissal with prejudice. Accordingly,
IT IS HEREBY ORDERED THAT this action is dismissed with prejudice. The Clerk shall close the file and terminate all pending matters and deadlines.
IT IS SO ORDERED.
Dated: October 7, 2011