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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division
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MARIA VAZQUEZ,

No. CV12-04583 LB

Plaintiff,
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For the Northern District of California

United States District Court

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ORDER DISMISSING CASE
v.
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DOUGLAS CATTICH, ET AL.,
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Defendants.
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Because this action has settled, Plaintiff filed a notice purporting to voluntarily dismiss this
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action with prejudice without a court order pursuant to Federal Rule of Civil Procedure
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41(a)(1)(A)(I). See ECF Nos. [47] [53]. This is not allowed because, under Federal Rule of Civil
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Procedure 41(a)(1)(A)(I), a plaintiff may file such a notice only before the opposing party serves
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either an answer or a motion for summary judgment. Here, Defendants answered Plaintiff's
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complaint. See ECF No. [18]. Thus, to dismiss the action, the parties should have filed a stipulation
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to dismiss pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Under the circumstances,
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however, given that this action has settled, the court dismisses the action with prejudice under
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Federal Rule of Civil Procedure 41(a)(2).
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IT IS SO ORDERED.
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Dated: December 18, 2013
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__________________________
LAUREL BEELER
United States Magistrate Judge

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ORDER DISMISSING CASE
CV12-04583 LB