(PC) Jeys v. Batra ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARTHELL DAVID JEYS, Case No. 1:18-cv-01212-DAD-BAM (PC) 12 Plaintiff, ORDER DIRECTING DEFENDANT TO RE- FILE DISPOSITIVE DOCUMENTS 13 v. (ECF No. 26) 14 BATRA, FOURTEEN (14) DAY DEADLINE 15 Defendant. 16 17 Plaintiff Carthell David Jeys (“Plaintiff”) is a civil detainee proceeding pro se and in 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 8, 2019, the 19 parties participated in a settlement conference before Magistrate Judge Stanley A. Boone. Based 20 on the settlement, the Court vacated all pending dates and directed the parties to file dispositive 21 documents within thirty (30) days. (ECF Nos. 24, 25.) 22 On November 8, 2019, counsel for Defendant Batra filed a notice of voluntary dismissal 23 with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), signed by Plaintiff on 24 October 14, 2019. (ECF No. 26.) Counsel for Defendant Batra did not sign the notice. 25 “[U]nder Rule 41(a)(1)(A)(i), a plaintiff has an absolute right to voluntarily dismiss his 26 action prior to service by the defendant of an answer or a motion for summary judgment.” 27 Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077 (9th Cir. 1999) 28 (quotation and citation omitted). As Defendant Batra filed an answer in this action on June 21, 1 2019, (ECF No. 17), it appears the parties intended to dismiss this action pursuant to Rule 2 41(a)(1)(A)(ii), which requires a stipulation of dismissal signed by all parties who have appeared 3 in this action. As Plaintiff has already signed the dispositive documents, only the signature of 4 defense counsel is needed. 5 Accordingly, Defendant Batra is HEREBY ORDERED to re-file the October 14, 2019 6 dispositive documents, including the signature of defense counsel. The revised dispositive 7 documents shall be filed within fourteen (14) days from the date of service of this order. 8 IT IS SO ORDERED. 9 10 Dated: November 12, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28