Re: Two more new settlements!
in response to
by
posted on
Jan 29, 2010 09:58PM
Silver...
terminated pursuant to the notice of dismissal (complaint not answered) or stipulation to dismiss (complaint answered)
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.
Court Order A plaintiff may make a motion to dismiss his or her action without prejudice if the plaintiff cannot serve a notice of dismissal or obtain a stipulation. A dismissal will not be granted to a plaintiff, however, if it would prejudice the rights of any other individual who has a legal interest in the subject matter of a lawsuit. If a joint tenant fails to agree with his or her cotenant to dismiss an action against a landlord for breach of the Warranty of habitability without prejudice, then there will not be a dismissal.
dismissals:
Summit...
01/26/2010 | NOTICE of Voluntary Dismissal of Party Summit Global Group, LLC by Plaintiff e.Digital Corporation, Counter Defendant e.Digital Corporation (Yungwirth, Matthew) (Entered: 01/26/2010) |
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) |
DXG...
01/29/2010 | 165 |
NOTICE of Voluntary Dismissal of Party DXG Technology, Inc. by Plaintiff e.Digital Corporation, Counter Defendant e.Digital Corporation (Yungwirth, Matthew) (Entered: 01/29/2010) |
01/29/2010 |
169 |
Party DXG Technology, Inc. terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 01/29/2010. Text only entry - no document attached. (wjc, ) (Entered: 01/29/2010) |
Leica....
01/29/2010 | 166 |
NOTICE of Voluntary Dismissal of Party Leica Camera AG by Plaintiff e.Digital Corporation, Counter Defendant e.Digital Corporation (Yungwirth, Matthew) (Entered: 01/29/2010) |
01/29/2010 | 170 |
Party Leica Camera AG terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 01/29/2010. Text only entry - no document attached. (wjc, ) (Entered: 01/29/2010) |
doni