Shaw v. Khadembashi et al

Filing 37

ORDER RE 36 STIPULATION FOR DISMISSAL OF ACTION AND JANUARY 9 CASE MANAGEMENT CONFERENCE. Signed by Judge Alsup on 1/8/2014. (whalc2, COURT STAFF) (Filed on 1/8/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CECIL SHAW,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 13-01694 WHA

v.
JILL KHIEW-LO, Trustee of the Dick Wah
Lo and Jill Khiew-Lo 2002 Family Trust,
FEREIDOON GHIASSI, and
SOBHANIEH MOSTAKHDEMIN,

ORDER RE STIPULATION FOR
DISMISSAL OF ACTION AND
JANUARY 9 CASE
MANAGEMENT CONFERENCE

Defendants.
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The undersigned has received the parties’ stipulation for dismissal (Dkt. No. 36).

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Counsel for plaintiff as well as defendants Jill Khiew Lo and Sobhanieh Mostakhdemin have

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signed this stipulation. Federal Rule of Civil Procedure 41(a)(1)(A)(ii), however, requires “a

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stipulation of dismissal signed by all parties who have appeared” (emphasis added). To that end,

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the parties should be prepared to discuss whether Rule 41(a)(1)(A)(ii) requires defendant

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Fereidoon Ghiassi — against whom default was entered — to sign the stipulation. The parties

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will address this issue at the case management conference set for 11 AM ON JANUARY 9.

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IT IS SO ORDERED.
Dated: January 8, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE