Free Order - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Gregory Doyla and Mary Ann Doyle,) No. 03 CV 1582-PHX-ROS
husband and wife, )
I0 . ORDER
Plaintiffs,
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vs.
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I3 SMS Eumuco, Inc., a corporation, Jane
Does I-V, and Black and White
I4 Corporations VI-X, g
l 5 Defendants.
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On March 2l, 2006, Defendant SMS Eumuco, Inc. ("SMS") filed ajoint stipulation
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9 with Plaintiffs for dismissal of action against this Defendant only, with prejudice, each party
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20 to bear their own attorneys' fees and costs. Rule 4l (a)( I)(ii) of the Federal Rules of Civil
Procedure provides that "an action may be dismissed by the plaintiff without an order of the
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2 court . . .by filing a stipulation of dismissal signed by all parties who have appeared in the
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23 action." Because SMS stipulated to the dismissal, and because no other party has appeared
in this action, voluntary dismissal under Rule 41 (a) is appropriate. Although a formal order
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of the Court is not required, the Court will enter an order to ensure that the Clerk's Office
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dismisses the action.
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The Court notes that Plaintiff has not sought to amend the Complaint to name the
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2 unnamed Defendants. Plaintiffs are directed to tile a notice with the Court of its intention
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ase 2:03-cv-01582-ROS Document 45 Filed O4/O3/2006 Page 1 of 2

l to maintain this litigation against the unnamed defendants within seven days of this Order,
2 or the action shall be dismissed in its entirety.
3 Accordingly,
4 IT IS ORDERED that the Plaintiffs claim against SMS Eumuco, Inc. only shall be
5 DISMISSED WITH PREJUDICE by the Clerk of Court.
_ 6 IT IS FURTHER ORDERED that Plaintiff shall file a notice with the Court within
7 seven (7) days of this Order of its intent to maintain the litigation against the unnamed
8 Defendants. Plaintiffs failure to do so will result in a dismissal ofthe action in its entirety
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ll DATED this i day of March, 2006.
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I3 < Q g \
I4 Ros O. Silver
15 United States District Judge
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ase 2:03-cv-01582-ROS Document 45 Filed O4/O3/2006 Page 2 of 2

Case 2:03-cv-01582-ROS

Document 45

Filed 04/03/2006

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Case 2:03-cv-01582-ROS

Document 45

Filed 04/03/2006

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