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Prosurance Group, Inc., A Delaware Corporation v. Liberty Mutual Group

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 4, 2011

PROSURANCE GROUP, INC., A DELAWARE CORPORATION, PLAINTIFF,
v.
LIBERTY MUTUAL GROUP, INC., ET AL, DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO DISMISS

On April 4, 2011, Plaintiff Prosurance Group, Inc. requested dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(B). Dkt. No. 33. Rule 41(a)(1)(B) governs the effect of dismissal 19 pursuant to Rule 41(a)(1)(A): "Unless the notice or stipulation states otherwise, the dismissal is 20 without prejudice." Under Rule 41(a)(1)(A), there are two situations in which a plaintiff may 21 dismiss an action without a court order: (1) the plaintiff files "a notice of dismissal before the 22 opposing party serves either an answer or a motion for summary judgment" or (2) the plaintiff files "a stipulation of dismissal signed by all parties who have appeared."

Neither situation described in Rule 41(a)(1)(A) is present here. The Court requests that the parties file a stipulation pursuant to Rule 41(a)(1)(A)(ii) by Friday, April 8, 2011.

IT IS SO ORDERED.

20110404

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