Local Rule Rule 41.1: Dismissal and Abandonment of Actions

Rule 41.1 Dismissal and Abandonment of Actions

(a) Whenever in any civil action the deputy clerk ascertains that no proceeding has been docketed therein for a period of more than one year, the deputy clerk for the respective judge shall send notice to counsel of record and to the parties that the action shall be dismissed, unless the court, upon written application filed within thirty (30) days from the date of such notice and upon good cause shown, shall otherwise order. In the absence of such application or order by the court, the deputy clerk shall, without special order, enter upon the record "dismissed with prejudice under Local Civil Rule 41.1," and shall, upon application by the defendant, tax the costs against the plaintiffs.

(b) Whenever in any civil action counsel shall notify the deputy clerk or the judge to whom the action is assigned that the issues between the parties have been settled, the deputy clerk shall, upon order of the judge to whom the case is assigned, enter an order dismissing the action with prejudice, without costs, pursuant to the agreement of counsel. Any such order of dismissal may be vacated, modified, or stricken from the record, for good cause shown, upon the application of any party served within ninety (90) days of the entry of such order of dismissal, provided the application of the ninety-day time limitation is consistent with Federal Rule of Civil Procedure 60(c).