Spies v. Life Insurance Company of North America
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BRENDA SPIES,
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Case No. 17-cv-02012-PJH
Plaintiff,
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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.
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The court is in receipt of the parties stipulation to dismiss this action with prejudice,
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filed on June 21, 2018. However, the court is unsure what the parties seek to accomplish
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with that stipulation.
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On May 7, 2018, the court granted defendant’s motion for summary judgment.
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Dkt. 37. The court entered judgment in favor of defendant on the same day. Dkt. 38.
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Accordingly, the court cannot dismiss this action with prejudice without first vacating that
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judgment. The court requires further explanation before it will even consider doing so.
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Within seven days of the date of this order, the parties shall submit a joint
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statement explaining the underlying purpose of the stipulation and, if necessary, why the
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entered judgment should be vacated. Alternatively, the stipulation may be withdrawn.
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IT IS SO ORDERED.
Dated: June 22, 2018
__________________________________
PHYLLIS J. HAMILTON
United States District Judge
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