Ovetz v. City of Oakland et al

Filing 42

ORDER Denying 41 Notice of Voluntary Dismissal filed by Robert Ovetz. Signed by Judge Laurel Beeler on 2/14/2014. (lblc1S, COURT STAFF) (Filed on 2/14/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division ROBERT OVETZ, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiff, 13 14 15 16 17 18 19 No. C 12-6180 LB ORDER DENYING PLAINTIFF’S NOTICE OF DISMISSAL v. CITY OF OAKLAND, a municipal corporation; OAKLAND POLICE DEPARTMENT, a municipal corporation; HOWARD JORDAN in his capacity as CHIEF of POLICE for CITY OF OAKLAND POLICE DEPARTMENT; ERCIVAN MARTIN, OAKLAND POLICE SERGEANT BEAVER, OAKLAND POLICE OFFICER C. O’CONNOR and DOES 1-20, inclusive individually and in their official capacities as POLICE OFFICERS for the CITY OF OAKLAND, 20 21 22 Defendants. _____________________________________/ On February 12, 2014, Plaintiff Robert Ovetz filed a “Notice of Dismissal with Prejudice” under 23 Federal Rule of Civil Procedure 41(a)(1)(A)(i) because the parties have settled the case. See ECF 24 No. 41.1 Under Rule 41(a)(1)(A), a voluntary dismissal by the Plaintiff can occur without a court 25 order as follows: 26 27 28 1 Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page numbers at the top of the document. C 12-6180 LB ORDER 1 2 Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. 3 4 Fed. R. Civ. P. 41 (emphasis added). Here, Defendants filed their answer on February 15, 2013. See 5 ECF No. 12. Mr. Ovetz did not file his notice of voluntary dismissal until February 12, 2014, almost 6 one year later. See ECF No. 41. Because Defendants have answered, the parties must file a 7 stipulation of dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The court directs them to do so by 8 February 28, 2014. 9 10 IT IS SO ORDERED. Dated: February 14, 2014 _______________________________ LAUREL BEELER United States Magistrate Judge 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 12-6180 LB ORDER 2

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