IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 13, 2012
RICHARD NORLUND, ET AL., PLAINTIFFS,
BOGMAN, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiffs are proceeding without counsel in this action.*fn1
Plaintiffs were previously ordered to show cause, in writing,
no later than November 22, 2012, why they failed to file a status
report seven days prior to the Status (Pretrial Scheduling) Conference
that occurred on October 25, 2012, and why their claims against
defendants Bogman, Inc., John Townsend, the Law Offices of Les Zieve,
Les Zieve, Joshua Abel, and Christine O'Brien should not be dismissed
with prejudice pursuant to Federal Rules of Civil Procedure 4(m) and
41(b). (Order to Show Cause issued Oct. 26, 2012, Dkt. No. 16.) The
court's docket does not indicate that any defendant has been served
with process in this case, and no defendant has appeared in this
action to date.
On November 6, 2012, plaintiffs filed a "Request To Dismiss The Above Entitled Case Without Prejudice." (Dkt. No. 17.) The court construes plaintiffs' filing as a notice of voluntary dismissal without prejudice filed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which effectuated the dismissal of this case upon filing and without a court order.*fn2
Accordingly, IT IS HEREBY ORDERED that the Order to Show Cause (Dkt. No. 16) is discharged, and the Clerk of Court is directed to close this case and vacate all dates.
IT IS SO ORDERED.