TAPIA v. INDEPENDENT BREWERS UNITED CORPORATION, 3:15-cv-01133-LB. (2015)
Court: District Court, N.D. California
Number: infdco20151217a54
Visitors: 2
Filed: Dec. 15, 2015
Latest Update: Dec. 15, 2015
Summary: ORDER LAUREL BEELER , Magistrate Judge . The plaintiff filed a notice of voluntary dismissal with prejudice. ( See ECF No. 25. 1 ) Because the defendant answered, the mechanism for a dismissal without a court order is a stipulated dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii) & (2). That said, given the parties' joint representation that they settled the case ( see ECF No. 23), the court orders the dismissal without prejudice. If any party certifies to the court within 90 days (with
Summary: ORDER LAUREL BEELER , Magistrate Judge . The plaintiff filed a notice of voluntary dismissal with prejudice. ( See ECF No. 25. 1 ) Because the defendant answered, the mechanism for a dismissal without a court order is a stipulated dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii) & (2). That said, given the parties' joint representation that they settled the case ( see ECF No. 23), the court orders the dismissal without prejudice. If any party certifies to the court within 90 days (with p..
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ORDER
LAUREL BEELER, Magistrate Judge.
The plaintiff filed a notice of voluntary dismissal with prejudice. (See ECF No. 25.1) Because the defendant answered, the mechanism for a dismissal without a court order is a stipulated dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii) & (2). That said, given the parties' joint representation that they settled the case (see ECF No. 23), the court orders the dismissal without prejudice. If any party certifies to the court within 90 days (with proof of service on opposing counsel) that the agreed consideration has not been delivered, then this order will stand vacated, and this case will be restored to the calendar to be set for trial. If no certification is filed, then after 90 days, the dismissal will be with prejudice.
IT IS SO ORDERED.
FootNotes
1. Citations are to the Electronic Case File ("ECF"); pin cites are to the ECF-generated page numbers at the tops of the documents.
Source: Leagle
