Spies v. Life Insurance Company of North America

Filing 40

NOTICE RE STIPULATION TO DISMISS. Signed by Judge Phyllis J. Hamilton on 6/22/2018. (pjhlc2, COURT STAFF) (Filed on 6/22/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRENDA SPIES, 9 10 11 Case No. 17-cv-02012-PJH Plaintiff, 8 v. NOTICE RE STIPULATION TO DISMISS LIFE INSURANCE COMPANY OF NORTH AMERICA, Re: Dkt. No. 39 United States District Court Northern District of California Defendant. 12 13 14 The court is in receipt of the parties stipulation to dismiss this action with prejudice, 15 filed on June 21, 2018. However, the court is unsure what the parties seek to accomplish 16 with that stipulation. 17 On May 7, 2018, the court granted defendant’s motion for summary judgment. 18 Dkt. 37. The court entered judgment in favor of defendant on the same day. Dkt. 38. 19 Accordingly, the court cannot dismiss this action with prejudice without first vacating that 20 judgment. The court requires further explanation before it will even consider doing so. 21 Within seven days of the date of this order, the parties shall submit a joint 22 statement explaining the underlying purpose of the stipulation and, if necessary, why the 23 entered judgment should be vacated. Alternatively, the stipulation may be withdrawn. 24 25 26 27 28 IT IS SO ORDERED. Dated: June 22, 2018 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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