Hallmark v. Takata Corporation et al
| Michael J. Hallmark |
| Takata Corporation, TK Holdings, Inc., American Honda Motor Co., Inc. and Honda of America MFG., Inc. |
| West Herr Auto Group and West Herr Doe Defendants 1-3 |
| 1:2023cv00981 |
| September 18, 2023 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Motor Vehicle Product Liability |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 TEXT ORDER re the Stipulation of Dismissal filed by the pro se plaintiff, Michael J. Hallmark, Docket Item #4 . On October 12, 2023, Hallmark filed a "stipulation of dismissal without prejudice." Id. Because Hallmark's filing was not signed by all parties who have appeared, it cannot be a stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Instead, and consistent with the duty to construe the pleadings of pro se parties "liberally," see Triestman v. Fed. Bur. of Prisons, 470 F.3d 471, 474 (2d Cir. 2006), this Court construes Hallmark's filing as a notice of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Under this Rule, "[a] plaintiff may dismiss an action without a court order by filing... a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment...." Fed. R. Civ. P. 41(a)(1)(A)(i). A voluntary dismissal under Rule 41(a)(1)(i) is "effective in the absence of any action by the court." Thorp v Scarne, 599 F.2d 1169, 1176 (2d. Cir. 1979). So the case was effectively dismissed when Hallmark filed that notice. And that is true even though the defendants served an answer through ECF on the same day. Docket Item #5 (answer); Docket Item [5-1] (certificate of service). Because the defendants served their answer after Hallmark filed his notice of dismissal, Rule 41(a)(1)(A)(i) still applies. See Keal v. Monarch Life Ins. Co., 125 F.R.D. 567, 568-69 (D. Kan. 1989) (finding that the fact that a defendant served an answer on the same day that a plaintiff filed a notice of dismissal "does not nullify" that dismissal, unless the defendant could prove that service occurred before the plaintiff's filing). The Notice of Voluntary Dismissal without prejudice filed by the plaintiff, Docket Item #4 , is ordered. The Clerk of the Court shall close this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/13/2023. (CRT). This was mailed to: the plaintiff. Clerk to Follow up |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Filing 5 ANSWER to #2 Amended Complaint , CROSSCLAIM against American Honda Motor Co., Inc., Honda of America MFG., Inc., TK Holdings, Inc., Takata Corporation by West Herr Auto Group, West Herr Doe Defendants 1-3. (Attachments: #1 Certificate of Service)(Martin, Kathleen) |
| Filing 4 STIPULATION of Dismissal by Michael J. Hallmark. (CGJ) |
| Filing 3 SUMMONS Returned Executed by Michael J. Hallmark. American Honda Motor Co., Inc. served on 9/21/2023, answer due 10/12/2023; Honda of America MFG., Inc. served on 9/21/2023, answer due 10/12/2023; TK Holdings, Inc. served on 9/22/2023, answer due 10/13/2023; West Herr Auto Group served on 9/22/2023, answer due 10/13/2023. (CGJ) |
| Filing 2 AMENDED COMPLAINT against American Honda Motor Co., Inc., Honda of America MFG., Inc., TK Holdings, Inc., Takata Corporation, West Herr Auto Group, West Herr Doe Defendants 1-3, filed by Michael J. Hallmark. (CGJ) |
| Notified Multi-District Litigation Panel of potential tag-along case. (CGJ) |
| Remark: Plaintiff has been given a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information and ADR Notification. (CGJ) |
| AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Filing 1 COMPLAINT against American Honda Motor Co., Inc., Honda of America MFG., Inc., TK Holdings, Inc., Takata Corporation, West Herr Auto Group, West Herr Doe Defendants 1-3, filed by Michael J. Hallmark. (CGJ) |
| Filing fee received: $402.00, receipt number 100002725 (CGJ) |
| Summons Issued as to American Honda Motor Co., Inc., Honda of America MFG., Inc., TK Holdings, Inc., Takata Corporation, West Herr Auto Group. (CGJ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
