On 1/4/2011 11:58 AM, RJack wrote: SFLC filed a dismissal for VERSA TECHNOLOGY INC pursuant to Rule 41(a)1 (after an Vera's ANSWER was filed) but there is no record of Versa's involvement or agreement to the dismissal:
***** Pursuant to Federal Rule of Civil Procedure 41(a)(1), plaintiffs Software Freedom Conservancy, Inc. and Erik Andersen hereby dismiss defendant VERSA TECHNOLOGY INC. from this action WITHOUT PREJUDICE, and without costs to any party. Plaintiffs maintain this action against all other defendants. ******* http://ia700409.us.archive.org/18/items/gov.uscourts.nysd.355978/gov.uscourts.nysd.355978.162.0.pdf Rule 41(a)1 requires a stipulation signed by all parties after an ANSWER by the defendant is filed: ***** Rule 41. Dismissal of Actions (a) Voluntary Dismissal. (1) By the Plaintiff. (A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. (B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits. ***** Sure is strange procedure in the District court. Sincerely, RJack :) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss