Actuate Corporation v. Aon Corporation et al
NOTICE RE STIPULATION OF DISMISSAL re 186 STIPULATION WITH PROPOSED ORDER PLAINTIFF ACTUATE CORPORATION AND DEFENDANT TWG WARRANTY GROUP, INC.S STIPULATION TO DISMISSAL WITH PREJUDICE filed by Actuate Corporation, 187 STIPULATION WIT H PROPOSED ORDER PLAINTIFF ACTUATE CORPORATION AND DEFENDANT TWG WARRANTY GROUP, INC.S STIPULATION TO DISMISSAL WITH PREJUDICE ACTUATE CORPORATIONS APPEAL OF THE COURTS RULING ON TWGS MOTION FOR ATTORNEYS FEES AND COSTS filed by Actuate Corporation. Signed by Judge Alsup on October 1, 2012. (whalc1, COURT STAFF) (Filed on 10/1/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
No. C 10-05750 WHA
NOTICE RE STIPULATION
AON CORPORATION and THE
WARRANTY GROUP, INC.,
Judgment in favor of defendant The Warranty Group, Inc. and against plaintiff Actuate
Corporation was entered in July 2012 (Dkt. No. 164). Plaintiff timely filed a notice of appeal
(Dkt. No. 168). Subsequently, attorney’s fees were granted for defendant (Dkt. No. 176).
Plaintiff timely filed a notice of appeal of that order (Dkt. No. 185). Now, because of a
purported settlement, plaintiff and defendant have filed a joint “stipulation to dismissal with
prejudice” (Dkt. No. 186).
This filing is improper for two reasons: First, it is improper under Rule 41(a)(1)(ii)
because it has not been signed by all parties who have appeared (Aon Corporation). Second, this
Court lacks jurisdiction to dismiss this action after a notice of appeal has been filed because such
action improperly divests an appellate court from rendering a decision on the merits of a pending
appeal. See United Nat. Ins. Co. v. R&D Latex Corp., 242 F.3d 1102, 1109 (9th Cir. 2001).
Dated: October 1, 2012.
UNITED STATES DISTRICT JUDGE
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