Robinson v. Your Collection Solution, Inc.

Filing 8

MEMORANDUM AND ORDER - The clerk erroneously dismissed this case pursuant to the parties' notice of dismissal. The clerk shall reopen the case. Within forty-five (45) calendar days from the date of this order, the parties shall file a joint sti pulation for dismissal (or other dispositive stipulation) with the clerk of the court. Absent the timely filing of a joint stipulation for dismissal, or a motion filed within the next forty-five (45) days stating dismissal is no longer appropriate, t his case (including all counterclaims and the like) may be dismissed without prejudice and without further notice. The plaintiff shall serve a copy of this order on the defendant and/or defendant's counsel and shall file a certificate of service in accordance with NECivR 5.4 stating he has done so. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MARK ROBINSON, Plaintiff, v. YOUR COLLECTION SOLUTION, INC., Defendant. ) ) ) ) ) ) ) ) ) ) 4:10CV3093 MEMORANDUM AND ORDER The plaintiff has filed a notice of voluntary dismissal pursuant to settlement, (filing no. 7). The plaintiff requests dismissal without prejudice with the right to reinstate the case within the next forty-five (45) days, and if a motion to reinstate is not filed within the next forty-five (45) days, an automatic conversion of the voluntary dismissal without prejudice to a dismissal with prejudice. Filing No. 7, 4. Contrary to the plaintiff's request, if the court orders dismissal, the case cannot be reinstated unless the plaintiff re-files the lawsuit and pays the requisite filing fee. Moreover, this court has no mechanism for automatically converting a dismissal without prejudice to a dismissal with prejudice. Accordingly, in an e f f o rt to accommodate the apparent intent of the parties' settlement, IT IS ORDERED: 1) T h e clerk erroneously dismissed this case pursuant to the parties' notice of d is m is s a l. The clerk shall reopen the case. W ith in forty-five (45) calendar days from the date of this order, the parties sh a ll file a joint stipulation for dismissal (or other dispositive stipulation) with th e clerk of the court, and shall submit to the undersigned magistrate judge at z w a rt@ n e d .u s c o u rts .g o v a proposed order (in MS Word or Word Perfect f o rm a t) which will fully dispose of the case. Absent the timely filing of a joint stipulation for dismissal, or a motion filed w ith in the next forty-five (45) days stating dismissal is no longer appropriate, 2) 3) th is case (including all counterclaims and the like) may be dismissed without p re ju d ic e and without further notice. 4) T h e plaintiff shall serve a copy of this order on the defendant and/or d e f e n d a n t's counsel and shall file a certificate of service in accordance with N E C iv R 5.4 stating he has done so. DATED this 9th day of June, 2010. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge -2-

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