Grayson v. County of Marin et al

Filing 67

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Jon S. Tigar on February 26, 2016. (wsn, COURT STAFF) (Filed on 2/26/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHAKA GRAYSON,

Case No. 14-cv-05225-JST

Plaintiff,
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v.

ORDER DISMISSING CASE WITH
PREJUDICE

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COUNTY OF MARIN, et al.,

Re: ECF Nos. 64, 66

Defendants.

United States District Court
Northern District of California

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Before the Court is a Notice of Dismissal, with prejudice, filed by Plaintiff Chaka Grayson

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on January 27, 2016, ECF No. 64, and an Acknowledgment of Satisfaction of Judgment filed by

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the Marin County Department of Child Support Services (“DCSS”) on February 22, 2016, ECF

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No. 66. The County of Marin also filed a Notice of Settlement, on December 22, 2015. ECF No.

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59.

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In light of the Notice of Lien filed by the DCSS, ECF No. 58, the Court noted that

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Plaintiff’s Notice of Dismissal alone was ineffective. See ECF No. 65. Cal. Code of Civ. Proc. §

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708.440(a) provides, as relevant here, that “unless the judgment creditor's money judgment is first

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satisfied or the lien is released, . . . no compromise, dismissal, settlement, or satisfaction of the

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pending action or special proceeding or the judgment procured therein may be entered into by or

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on behalf of the judgment debtor, without the written consent of the judgment creditor or

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authorization by order of the court.”
The DCSS has now acknowledged that the money judgment has been satisfied. ECF No.

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66. Accordingly, in light of the Notice of Dismissal and Notice of Settlement, and pursuant to

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Fed. R. Civ. P. 41(a), the Court dismisses this case with prejudice. The Clerk shall close the file.

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All pending hearings and deadlines are hereby vacated.

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//

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IT IS SO ORDERED.
Dated: February 26, 2016
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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