Elias v. Hewlett-Packard Company

Filing 68

ORDER DIRECTING CLERK TO CLOSE THE FILE PURSUANT TO 67 STIPULATED DISMISSAL UNDER FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii); AND VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 6/18/2014. (blflc1, COURT STAFF) (Filed on 6/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DAVID ELIAS,

Case No. 12-cv-00421-BLF

Plaintiff,
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v.
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HEWLETT-PACKARD COMPANY,
Defendant.

United States District Court
Northern District of California

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ORDER DIRECTING CLERK TO
CLOSE THE FILE PURSUANT TO
STIPULATED DISMISSAL UNDER
FEDERAL RULE OF CIVIL
PROCEDURE 41(a)(1)(A)(ii); AND
VACATING CASE MANAGEMENT
CONFERENCE
[Re: ECF Nos. 67]

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On June 18, 2014, Plaintiff filed a Stipulation for Dismissal with Prejudice pursuant to

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Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF 67) That provision provides in relevant

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part that “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of

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dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). The

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document filed by Plaintiff in this case satisfies this requirement. (ECF 67)

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As noted above, a voluntary dismissal pursuant to Rule 41(a)(1)(A)(ii) ordinarily would be

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sufficient to close the file without the necessity of a court order. Here, however, Plaintiff docketed

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the stipulated dismissal as a “Stipulation with Proposed Order re Dismissal,” and attached a

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proposed order relating to an entirely different motion in a different case. (ECF 67) It is clear that

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the docket entry and the attachment of the proposed order were made in error. Nonetheless, to

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avoid any confusion, the Court issues this order clarifying that Plaintiff’s Stipulation for Dismissal

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with Prejudice satisfies Rule 41(a)(1)(A)(ii) and directing the Clerk to CLOSE THE FILE.

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//

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In light of the dismissal of the action, the Case Management Conference set for June 19,
2014 is VACATED.
IT IS SO ORDERED.

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Dated: June 18, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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