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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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
ROBERT OVETZ,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,

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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,

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Defendants.
_____________________________________/
On February 12, 2014, Plaintiff Robert Ovetz filed a “Notice of Dismissal with Prejudice” under

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Federal Rule of Civil Procedure 41(a)(1)(A)(i) because the parties have settled the case. See ECF

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No. 41.1 Under Rule 41(a)(1)(A), a voluntary dismissal by the Plaintiff can occur without a court

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order as follows:

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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

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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.

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Fed. R. Civ. P. 41 (emphasis added). Here, Defendants filed their answer on February 15, 2013. See

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ECF No. 12. Mr. Ovetz did not file his notice of voluntary dismissal until February 12, 2014, almost

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one year later. See ECF No. 41. Because Defendants have answered, the parties must file a

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stipulation of dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The court directs them to do so by

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February 28, 2014.

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IT IS SO ORDERED.
Dated: February 14, 2014
_______________________________
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 12-6180 LB
ORDER

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