Vasquez

Johnson v. Vasquez

Good Law
United States District Court, Northern District of CaliforniaFebruary 13, 20253:19-cv-03431California469 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SCOTT JOHNSON,

Case No. 19-cv-03431-RS Plaintiff, 11 v. ORDER DENYING SECOND MOTION FOR ENTRY OF JUDGMENT JORGE VASQUEZ, et al., 13 Defendants.

15 On August 25, 2021, the parties submitted a written stipulation for dismissal of this action, expressly invoking Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Under the rules, such dismissals are without prejudice unless the stipulation “states otherwise.” Rule 41(a)(1)(B). Here, the parties expressly stipulated the dismissal was with prejudice. Dkt. No. 34. The effect of the parties’ stipulation, therefore, was dismissal of the action with prejudice, and the file was closed. In October of 2022, plaintiff submitted what was labeled as an “Ex Parte Application for Entry of Stipulated Judgment,” asserting that under the terms of the parties’ settlement agreement, plaintiff was entitled to judgment in the amount of $7000, in light of defendants’…

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