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- ilnd;;1:16-cv-08813_de69 RegisterActionDate "2019-11-18" @default.
- ilnd;;1:16-cv-08813_de69 RegisterActionDescriptionText "MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion to voluntarily dismiss his complaint without prejudice (doc. # 52 ) is denied. Under Fed. R. Civ. P. 41(a)(1), a plaintiff may dismiss an action voluntarily without a court order if the notice of dismissal is filed before an opposing party has answered or moved for summary judgment, or upon a stipulation of dismissal signed by all parties who have appeared. Here, the defendant answered plaintiff's amended complaint on 8/31/17 (doc. # 19 ). No joint stipulation of dismissal has been filed. Defendant, at a hearing on plaintiff's motion on 10/16/19, stated that it objects to the motion and is considering filing a motion to enforce a settlement agreement in this matter. Accordingly, the Court exercises its discretion to deny the dismissal motion, as it cannot grant plaintiff's motion under Rule 41(a)(2) because it cannot conclude that the requested dismissal would be on proper terms. Status hearing remains scheduled for 11/20/19 at 9:30 a.m. Mailed notice. (jj, ) (Entered: 11/18/2019)" @default.
- ilnd;;1:16-cv-08813_de69 AdministrativeID "55" @default.
- ilnd;;1:16-cv-08813_de69 hasReferenceToOtherEntry ilnd;;1:16-cv-08813_de21 @default.
- ilnd;;1:16-cv-08813_de69 hasReferenceToOtherEntry ilnd;;1:16-cv-08813_de66 @default.