Mission Trading Company, Inc. v. Traudt et al

Filing 24

Order of Dismissal. Signed by Magistrate Judge Howard R. Lloyd on 10/27/15. (hrllc1S, COURT STAFF) (Filed on 10/27/2015)

E-Filed 10/27/15

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MISSION TRADING COMPANY, INC.,

Case No. 15-cv-02755-HRL

Plaintiff,
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v.

ORDER OF DISMISSAL

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VOLKER TRAUDT, et al.,

Re: Dkt. No. 21

Defendants.

United States District Court
Northern District of California

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The parties have expressly consented to magistrate jurisdiction. The parties signed and

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filed a notice of settlement. Dkt. No. 19. The court ordered the parties to either file a stipulated

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dismissal by October 16 or else to appear at 10:00 a.m. on October 27, 2015, to show cause why

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the case should not be dismissed. The parties failed to file a stipulated dismissal. Plaintiff filed a

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notice of voluntary dismissal, Dkt. No. 21, but that notice is ineffective because Defendants

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previously served Plaintiff with their answer. Fed. R. Civ. P. 41(a)(1)(A)(i); Dkt. No. 12.

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Nevertheless, the parties failed to appear at the hearing today to show cause why this case
should not be dismissed, and the court dismisses this matter with prejudice on that basis.
IT IS SO ORDERED.
Dated: 10/27/15

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________________________
HOWARD R. LLOYD
United States Magistrate Judge