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Charlotte Chapman Allyn v. Metropolitan Life Insurance Company

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


September 28, 2011

CHARLOTTE CHAPMAN ALLYN,
PLAINTIFF,
v.
METROPOLITAN LIFE INSURANCE COMPANY,
DEFENDANTS.

The opinion of the court was delivered by: Saundra Brown Armstrong United States District Judge

Docket 92, 94

12 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 15 plaintiff's action, unless the defendant has not answered or filed for summary judgment or 16 unless all parties file a stipulation seeking dismissal. Fed. R. Civ. P. 41(a)(1)&(2). 17

Defendant Metropolitan Life Insurance Company ("Defendant") has answered and filed for 18 summary judgment. Dkt. 62, 80. Plaintiff has not filed a stipulation of dismissal signed by 19 Defendant. Accordingly, five (5) pages with the Court within seven (7) days from the date of this Order stating 22 whether it opposes Plaintiff's request for voluntary dismissal with prejudice, and, if so, the 23 reasons for its opposition.

ORDER

On September 26, 2011, pro se Plaintiff Charolette Chapman Allyn ("Plaintiff")

IT IS HEREBY ORDERED THAT Defendant file a memorandum of no more than

IT IS SO ORDERED.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CHARLOTTE CHAPMAN ALLYN, Plaintiff, v. METROPOLITAN LIFE INSURANCE et al, Defendant.

Case Number: CV09-05671 SBA

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 13

That on September 30, 2011, I SERVED a true and correct copy(ies) of the attached, by placing 14 said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. 16

Charlotte Chapman Allyn 18 P.O. Box 2026 Napa, CA 94558

Dated: September 30, 2011 Richard W. Wieking, Clerk 21

By: LISA R CLARK, Deputy Clerk

20110928

© 1992-2011 VersusLaw Inc.



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