Tapia v. Independent Brewers United Corporation et al

Filing 26

ORDER. The plaintiff filed a notice of voluntary dismissal with prejudice. (See ECF No. 25.) Because the defendant answered, the mechanism for a dismissal without a court order is a stipulated dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii) & (2). That said, given the parties joint representation that they settled the case (see ECF No. 23), the court orders the dismissal without prejudice. If any party certifies to the court within 90 days (with proof of service on opposing counsel) that the a greed consideration has not been delivered, then this order will stand vacated, and this case will be restored to the calendar to be set for trial. If no certification is filed, then after 90 days, the dismissal will be with prejudice. Signed by Judge Laurel Beeler on 12/15/2015. (lblc2, COURT STAFF) (Filed on 12/15/2015)

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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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For the Northern District of California

United States District Court

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DAVID TAPIA,

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Plaintiff,

No. 3:15-cv-01133-LB
ORDER

v.
INDEPENDENT BREWERS UNITED
CORPORATION, et al.,

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Defendants.
___________________________________/
The plaintiff filed a notice of voluntary dismissal with prejudice. (See ECF No. 25.1) Because the

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defendant answered, the mechanism for a dismissal without a court order is a stipulated dismissal.

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See Fed. R. Civ. P. 41(a)(1)(A)(ii) & (2). That said, given the parties’ joint representation that they

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settled the case (see ECF No. 23), the court orders the dismissal without prejudice. If any party

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certifies to the court within 90 days (with proof of service on opposing counsel) that the agreed

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consideration has not been delivered, then this order will stand vacated, and this case will be

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restored to the calendar to be set for trial. If no certification is filed, then after 90 days, the dismissal

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will be with prejudice.

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IT IS SO ORDERED.

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Dated: December 15, 2015

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__________________________
LAUREL BEELER
United States Magistrate Judge

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Citations are to the Electronic Case File (“ECF”); pin cites are to the ECF-generated page
numbers at the tops of the documents.
ORDER
No. 3:15-cv-01133-LB