United States District Court, S.D. New York
April 13, 2005.
IN RE WORLDCOM, INC. SECURITIES LITIGATION. This Document Relates to: ALL ACTIONS.
The opinion of the court was delivered by: DENISE COTE, District Judge
At approximately the end of January 2005 the Court received
from the Clerk's office a January 21, 2005 notice of voluntary
dismissal ("Notice") submitted by Jere Beasley, Sara Beasley, and
Amy Methvin, three plaintiffs in Individual Action No. 04 Civ.
9711 ("Plaintiffs"). The Notice was apparently not served on
defendants in the action, and no proof of service was filed.
After the Court informed defendants that such Notice had been
received, the Citigroup Defendants, in a letter of April 8, 2005,
and the Director Defendants, in a letter of April 12, 2005,
requested that Plaintiffs be required to file an appropriate
motion if they wished to dismiss their claims, citing this
Court's May 28, 2003 Consolidation Order allowing Individual
Action parties to submit motions to protect their unique
An Order of November 5, 2003 deems defendants, for purposes of
Rule 41 (a), Fed.R.Civ.P., to have filed an answer in each
WorldCom Individual Action as of the date the Individual Action
arrives on the Court's docket. Rule 41(a)(1)(i), Fed.R. Civ. P., provides that a plaintiff may dismiss a case once without
prejudice without order of court "by filing a notice of dismissal
at any time before service by the adverse party of an answer or
of a motion for summary judgment, whichever first occurs." The
period during which Plaintiffs could voluntarily dismiss their
action without prejudice without a stipulation signed by all
parties or an order of court had expired by January 21, 2005, as
Plaintiffs action arrived on this Court's docket before that
date, and the defendants were deemed to have answered on that
date. As such, Plaintiffs must move for an Order of the Court to
dismiss their action or must acquire a stipulation of all parties
to its dismissal. It is hereby
ORDERED that Plaintiffs may submit a written motion by April
29, 2005. Opposition shall be due on May 13. Any reply is due on
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