Vazquez v. Cattich et al

Filing 54

ORDER DISMISSING CASE. Signed by Magistrate Judge Laurel Beeler on 12/18/2013. (ls, COURT STAFF) (Filed on 12/18/2013)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 San Francisco Division 9 MARIA VAZQUEZ, No. CV12-04583 LB Plaintiff, 11 For the Northern District of California United States District Court 10 ORDER DISMISSING CASE v. 12 DOUGLAS CATTICH, ET AL., 13 14 Defendants. ___________________________________/ 15 Because this action has settled, Plaintiff filed a notice purporting to voluntarily dismiss this 16 action with prejudice without a court order pursuant to Federal Rule of Civil Procedure 17 41(a)(1)(A)(I). See ECF Nos. [47] [53]. This is not allowed because, under Federal Rule of Civil 18 Procedure 41(a)(1)(A)(I), a plaintiff may file such a notice only before the opposing party serves 19 either an answer or a motion for summary judgment. Here, Defendants answered Plaintiff's 20 complaint. See ECF No. [18]. Thus, to dismiss the action, the parties should have filed a stipulation 21 to dismiss pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Under the circumstances, 22 however, given that this action has settled, the court dismisses the action with prejudice under 23 Federal Rule of Civil Procedure 41(a)(2). 24 IT IS SO ORDERED. 25 Dated: December 18, 2013 26 __________________________ LAUREL BEELER United States Magistrate Judge 27 28 ORDER DISMISSING CASE CV12-04583 LB

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?