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)

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,

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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

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