posted on
Jan 27, 2010 08:50AM
Message: PACER
10/4 Silver...
01/26/2010 | 155 | Party Summit Global Group, LLC terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 01/26/2010. Text only entry - no document attached. (wjc, ) (Entered: 01/26/2010) |
dismissed with stipulations....
Notice of Dismissal A plaintiff may serve a notice of dismissal upon a defendant only if the defendant has not yet submitted an answer in response to the plaintiff's complaint. A notice of dismissal preserves the right of the plaintiff to commence a lawsuit at a later date. While not commonly employed, such a notice is useful when exigent circumstances—such as the sudden unavailability of witnesses—warrant the termination of the action. The clerk of the court in which the lawsuit was commenced must receive a copy of the notice of dismissal served upon the defendant to adjust the record of the action accordingly.
Stipulation Once a defendant has served an answer to the plaintiff's complaint, the plaintiff may obtain a dismissal without prejudice by entering a formal agreement, a stipulation, with the defendant. The parties agree to the terms of the dismissal, which must be filed with the court clerk and put into effect by the action of the clerk. A dismissal agreement is a court order that enforces the stipulation of the parties. A dismissal by stipulation is a dismissal without prejudice unless the parties otherwise agree and record their agreement in the text of the stipulation.
LEGAL DICTIONARY
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