The Regents of the University of California v. Blue Cross of Idaho Health Service, Inc.

Filing 42

ORDER DISMISSING ACTION. Signed by Magistrate Judge Laurel Beeler on 12/20/2013. (ls, COURT STAFF) (Filed on 12/20/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-03622 LB
ORDER DISMISSING ACTION

Plaintiff,
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v.
BLUE CROSS OF IDAHO HEALTH
SERVICE, INC.,

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Defendant.
_____________________________________/
On December 19, 2013, the parties to this action filed a Joint Report on Arbitration Status. Joint

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Report, ECF No. 40. In it, the parties stated that the parties (1) entered into a stipulation to submit

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all claims in the above captioned lawsuit to binding arbitration, (2) reported that the arbitrator issued

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a final award on November 25, 2013, which fully resolved all of the claims in this action, and (3)

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stipulated that this action be closed. Id. On December 20, 2013, Plaintiff filed a notice of voluntary

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dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Notice, ECF No. 41. This is

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not allowed because, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff may file such

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a notice only before the opposing party serves either an answer or a motion for summary judgment.

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Here, Defendant answered Plaintiff’s complaint. See Answer, ECF No. 19. Thus, to dismiss the

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action, the parties should have filed a stipulation to dismiss pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii). Under the circumstances, however, given that the arbitrator issued an

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award and the parties asked that the court close the action, the court dismisses the action with

C 11-03622 LB
ORDER

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prejudice under Federal Rule of Civil Procedure 41(a)(2).

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IT IS SO ORDERED.

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Dated: December 20, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-03622 LB
ORDER

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