Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER,

Case No. 21-cv-03626-RS Plaintiff, 11 v. ORDER DENYING APPLICATION TO ENTER JUDGMENT

CYCLISMO CAFE REDWOOD CITY

LLC, Defendant.

15 This action was terminated in February of 2022, when plaintiff filed a written notice that he was voluntarily dismissing it with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Plaintiff requested no order from the court to effect the dismissal, instead expressly invoking his right to dismiss without an order because no answer or motion for summary judgment had been filed. Although the parties’ written settlement agreement apparently contemplated that the court would retain jurisdiction for purposes of enforcing its terms, the agreement was not presented to the court prior to the dismissal nor incorporated by any order. Plaintiff now seeks entry of judgment pursuant to a stipulation for entry of judgment the parties…