Lewis v. Northern California College of Construction dba No Cal College of Construction et al

Filing 10

ORDER REGARDING DISMISSAL 9 . Parties must file consent/declination and voluntary dismissal or request and proposed order for dismissal within 14 days. Signed by Judge Nathanael Cousins on 4/7/14. (Attachments: # 1 Consent/Declination)(lmh, COURT STAFF) (Filed on 4/7/2014)

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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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KARNELL LEWIS,
Plaintiff,

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v.

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Case No. 13-cv-05907 NC
ORDER REGARDING DISMISSAL
Re: Dkt. No. 9

NELSON & KENNARD, and others,
Defendants.

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The Court responds to the Notice of Voluntary Dismissal and Proposed Order filed

20 April 3, 2014, at docket entry 9. The request has two deficiencies.
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First, the parties have neither consented nor declined the jurisdiction of a magistrate

22 judge under 28 U.S.C. § 636. Absent consent, the court lacks jurisdiction to enter
23 judgment. 28 U.S.C. § 636(c). A copy of the consent/declination form is attached to this
24 order.
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Second, the Notice of Request for Voluntary Dismissal cites to Federal Rule of Civil

26 Procedure 41(a), which permits voluntary dismissal of an action without court order when
27 the defendant has not answered the complaint or moved for summary judgment, as is the
28 case here. Fed. R. Civ. P. 41(a)(1)(A). The Request, however, also seeks a court order.
Case No. 13-cv-5907 NC
ORDER REGARDING DISMISSAL

1 Ordinarily, a voluntary dismissal by court order would be under Federal Rule of Civil
2 Procedure 41(a)(2), “on terms that the court considers proper.” As the parties have not
3 submitted any details about the terms of the dismissal, the Court denies without prejudice
4 the request for a court-ordered dismissal.
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Accordingly, the Court orders the parties to do the following within 14 days: (1)

6 either consent or decline the jurisdiction of a magistrate judge; and (2) file a voluntary
7 dismissal under Rule 41(a)(1), or a request and proposed order for dismissal under Rule
8 41(a)(2) that includes the terms of the settlement or dismissal.
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IT IS SO ORDERED.
Date: April 7, 2014

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 13-cv-05907 NC
ORDER REGARDING DISMISSAL

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