Summary
The United States District Court for the Central District of California dismissed the action without prejudice after counsel reported that the case had settled. The court retained jurisdiction and permitted reopening within 45 days for good cause if the settlement was not consummated.
Topics
Practice areas
Questions Presented
- Whether the action should be dismissed without prejudice after counsel advised the court that the parties had settled.
- Whether the court should retain jurisdiction and permit reopening if the settlement was not consummated.
Holdings
- The action should be dismissed without prejudice and without costs after counsel advised the court that it had been settled.
- The court retained full jurisdiction and permitted the action to be reopened for good cause shown within 45 days if the settlement was not consummated; failure to reopen or seek an extension by that deadline would constitute consent to dismissal without prejudice.
Key quotations
“IT IS ORDERED that the above-captioned action is hereby dismissed without costs and without prejudice to the right, upon good cause shown by no later than 45 days, to re-open the action if settlement is not consummated.” (17-23)
Factual background
Counsel advised the district court that the action had been settled. The court dismissed the action without prejudice and without costs, while retaining jurisdiction and allowing the parties to seek reopening within 45 days if the settlement was not consummated.
Procedural history
Plaintiff brought an action against Penske Media Corporation. After counsel advised the court that the action had settled, the court dismissed the action without prejudice, retained jurisdiction, and allowed either party to move to reopen within 45 days if the settlement was not consummated.