LR 41 DISMISSAL OF ACTION (See Fed. R. Civ. P. 41)

LR 41.1 Voluntary Settlement – Notice of Settlement (See LR 47.1)

(a) Notice of Settlement

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

(b) Order of Dismissal

Upon notice of settlement pursuant to LR 41.1(a) or LR 47.1, the Court will direct the clerk to dismiss the case with prejudice 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 sixty (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 five (5) 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.