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N.D. Cal.Procedural orderFiled Oct. 31, 2019

Hernandez v. Puga

Judge
Nathanael Cousins
Docket
5:19-cv-04143
Court
U.S. District Court · Northern District of California
Pages
1
Civil Procedure
In one sentence

In Hernandez v. Puga, Judge Cousins dismissed all claims with prejudice after settlement, closed the case administratively, and allowed reopening within 45 days.

Who this affects

Gerardo Hernandez, Salvador Puga, the other defendants named in the caption, and all claims asserted in the action.

What happened

Hernandez v. Puga was dismissed after the court was notified that the parties had settled the action. The order states that no issue remained for the court to decide.

The court dismissed the action and all claims with prejudice, meaning the claims were finally dismissed. It directed the clerk to close the case administratively, vacated all scheduled dates, and allowed any party to seek reopening within 45 days.

Judge Nathanael M. Cousins stated that the court would retain jurisdiction for 45 days. The order does not describe the underlying claims or the settlement terms.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Hernandez v. Puga · No. 5:19-cv-04143
Judge
Nathanael Cousins
Date
Oct. 31, 2019

Background

The court was notified that the action had settled. The order states that no issue remained for the court’s determination. The opinion does not provide the underlying claims or the settlement terms.

Ruling

The court ordered that the action and all claims asserted in it be dismissed with prejudice. It directed the clerk to administratively close the case and vacated all scheduled dates.

The dismissal was conditional in that any party could move to reopen the case if the motion was filed within 45 days. The court retained jurisdiction for 45 days. The order cites Kokkonen v. Guardian Life Insurance Co. of America for that retention of jurisdiction.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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