Obiacoro v. Office Depot Inc.

Filing 23

ORDER OF DISMISSAL DUE TO SETTLEMENT. Signed by Judge William H. Orrick on 09/19/2013. (jmdS, COURT STAFF) (Filed on 9/19/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARTEMIO OBIACORO,

Case No. 12-cv-03039-WHO

Plaintiff,
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v.

ORDER OF DISMISSAL DUE TO
SETTLEMENT

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OFFICE DEPOT INC.,

Re: Dkt. No. 22

Defendant.
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United States District Court
Northern District of California

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The plaintiff, through his counsel, advised the Court that the parties signed a formal

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settlement agreement and that the plaintiff “intends to file a request for dismissal” by October 18,

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2013. Dkt. No. 22. Under Federal Rule of Civil Procedure 41, the plaintiff may dismiss an action

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without a court order by filing (1) a notice of dismissal before the opposing party serves either an

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answer or a motion for summary judgment, or (2) a stipulation of dismissal signed by all parties

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who have appeared. Such a dismissal is without prejudice unless the notice or stipulation states

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otherwise.
Because the parties have signed a formal settlement agreement, the Court ORDERS that
this matter is DISMISSED WITH PREJUDICE and any hearings or case management conferences
scheduled are VACATED. It is further ordered that if any party certifies to the Court, with proper
notice to opposing counsel within 45 days from the date below, that settlement has not in fact
occurred, this Order shall be vacated and the case shall be restored to the calendar for further
proceedings.
IT IS SO ORDERED.
Dated: September 19, 2013
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WILLIAM H. ORRICK
United States District Judge