De Souza v. Pulte Home Corporation, et al.
Filing
109
ORDER signed by Judge Lawrence K. Karlton on 11/2/2011 DENYING 108 Stipulation without prejudice subjection to its renewal as a proper Stipulation "signed by all parties who have appeared". (Marciel, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STEWART A. DALIE, III;
REENA L. DALIE; CHARLES
DEFRENZO; LOUISE DEFRENZO,
individually and on
behalf of all others
similarly situated,
NO. CIV. S-08-337 LKK/GGH
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Plaintiffs,
v.
O R D E R
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PULTE HOME CORPORATION,
PULTE HOMES, INC.; DEL
WEBB HOMES; DEL WEBB
CALIFORNIA CORP.; MARQUETTE
TITLE INSURANCE COMPANY, and
DOES 4-1,000, inclusive,
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Defendants.
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/
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Plaintiff's "Stipulation" for voluntary dismissal, with "each
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party ... to bear its own fees and costs" (Dkt No. 108), and
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purportedly filed pursuant to Fed. R. Civ. P. 41(a)(1), is signed
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only by counsel for plaintiffs.
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have filed an answer to the original complaint, a motion to strike
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the class allegations of the third amended complaint, and have
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otherwise appeared and litigated this action.
The court notes that defendants
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Accordingly, the "stipulation" is DENIED WITHOUT PREJUDICE to
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its renewal as a proper stipulation, "signed by all parties who
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have appeared."
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does not doubt plaintiffs' representation that "[a]ll parties" have
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agreed to the stipulation.
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agreement however, is by including the signature(s) of defendants'
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counsel on the stipulation.
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IT IS SO ORDERED.
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DATED:
See Fed. R. Civ. P. 41(a)(1)(A)(ii).
The court
The proper way to signify this
November 2, 2011.
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