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Wednesday, June 12, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

LR 41 - Dismissal of Action

(See Fed. R. Civ. P. 41)

LR 41-1 Voluntary Settlement - Notice of Settlement

(a) Notice of Settlement

Immediately upon reaching substantial agreement about the terms and conditions of a settlement, plaintiff's counsel must notify the courtroom deputy clerk for the assigned judge of the impending settlement.

(b) Assessment of Juror Costs for Late Notices

If the Court finds that the parties failed to notify the trial judge's courtroom deputy clerk and the trial judge of the settlement not later than 3:00 p.m. of the business day preceding the day the trial is to commence and that the parties had the opportunity to do so, the Court may assess the costs of summoning and paying prospective jurors on one or more of the parties.

(c) Order of Dismissal

Upon notice of settlement pursuant to LR 41-1(a), the Court may direct the clerk to dismiss the case with prejudice (unless otherwise specified) and without costs, and with rights to any party to reopen the case in the event of a failure to consummate the final settlement agreement within 60 days.

LR 41-2 Involuntary Dismissal (See Fed. R. Civ. P. 41(b))

(a) Order to Show Cause

The Court may notice for hearing any action or proceeding which does not appear to be diligently prosecuted.

(b) Party Statement Requirements

Not later than seven days prior to the hearing date, each party will file and serve a statement describing:

  1. The status of the action or proceedings to date; and
  2. Whether good cause exists to dismiss the action or proceeding for failure to prosecute.

(c) Filing Motion to Dismiss

Nothing in this rule will preclude any party from filing a motion to dismiss an action or proceeding for failure to prosecute under Fed. R. Civ. P. 41.

Amendment History to LR 41
December 1, 2009
LR 41-1(a) The word "telephone" changed to "notify."
The phrase "to notify the Court" deleted.
LR 41-2(b) Period of five (5) days changed to seven (7) days.
LR 41-1(b) Former LR 47.1(b).
March 1, 2012
LR 41-1(b) The word "judges" changed to "judge's" and the comma omitted after the word "commence."
March 1, 2013
LR 41-1(c) Amended to state that the Court "may" (rather than "will") direct dismissal with prejudice upon notice of settlement "unless otherwise specified."
March 1, 2014
LR 41-1(c) Changed "sixty (60)" to "60."
LR 41-2(b) Changed "seven (7)" to "seven," and "pm" to "p.m."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 17 – Claims Involving Protected Persons Under Fed. R. Civ. P. 17(c)

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers