Local Rule LCivR 41: DISMISSAL OF ACTIONS

LCivR 41 DISMISSAL OF ACTIONS

(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Voluntary Dismissal. A notice of voluntary dismissal filed pursuant to Federal Rule of Civil Procedure 41(a)(1) shall contain a statement that no answer or motion for summary judgment has been served.

(B) Stipulated Dismissal. A stipulation of dismissal signed by all parties who have appeared shall be filed and docketed as a "Stipulated Motion to Dismiss."

(2) [Reserved]

(b) Involuntary Dismissal; Effect.

(1) Order to Show Cause. If no action of record has occurred for 180 days, a Court-imposed deadline has expired without compliance, or a defendant has not been served within 90 days after the complaint was filed (see LCivR 4(m)), the Court may enter an order to show cause, which allows the plaintiff not less than 14 days to explain why the case or defendant should not be dismissed.

(2) Contact Information. A party proceeding pro se shall keep the Court and opposing parties advised as to his or her current mailing address and, if electronically filing or receiving notices electronically, his or her current email address. If mail directed to a pro se plaintiff is returned by the Postal Service, or if email is returned by the internet service provider, and if such plaintiff fails to notify the Court and opposing parties within 60 days thereafter of his or her current mailing or email address, the Court may dismiss the action.

(c) through (d) [Reserved]