(a) Whenever in any civil action the deputy clerk ascertains that no proceeding
has been docketed therein for a period of more than one year, the deputy
clerk for the respective judge shall send notice to counsel of record and to
the parties that the action shall be dismissed, unless the court, upon written
application filed within thirty (30) days from the date of such notice and
upon good cause shown, shall otherwise order. In the absence of such
application or order by the court, the deputy clerk shall, without special order,
enter upon the record “dismissed with prejudice under Local Civil Rule
41.1,” and shall, upon application by the defendant, tax the costs against
the plaintiffs.
(b) Whenever in any civil action counsel shall notify the deputy clerk or the
judge to whom the action is assigned that the issues between the parties
have been settled, the deputy clerk shall, upon order of the judge to whom the
case is assigned, enter an order dismissing the action with prejudice, without
LOCAL RULES OF CIVIL PROCEDURE P A G E - 37
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PA
costs, pursuant to the agreement of counsel. Any such order of dismissal
may be vacated, modified, or stricken from the record, for good cause shown,
upon the application of any party served within ninety (90) days of the
entry of such order of dismissal, provided the application of the ninety-day
time limitation is consistent with Federal Rule of Civil Procedure 60(c).
