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N.D. Cal.Procedural orderFiled Jan. 15, 2021

Pena v. CVS Pharmacy, Inc

Judge
Nathanael Cousins
Docket
5:18-cv-07571
Court
U.S. District Court · Northern District of California
Pages
1
Civil Procedure
In one sentence

In Carlos Pena v. CVS Pharmacy, Inc., Judge Cousins conditionally dismissed the settled case with prejudice and allowed reopening within 75 days.

Who this affects

Carlos Pena and CVS Pharmacy, Inc.; the action and all asserted claims were dismissed with prejudice after settlement, subject to a possible motion to reopen within 75 days.

What happened

Carlos Pena v. CVS Pharmacy, Inc. was settled, and the court said no issue remained for it to decide.

The court dismissed the action and all claims with prejudice, meaning they cannot be brought again in this case. It also administratively closed the case, canceled scheduled dates, and allowed either party to ask to reopen it within 75 days.

Judge Cousins retained jurisdiction for 75 days and entered the conditional dismissal on January 15, 2021.

The detailed version

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

Case
Pena v. CVS Pharmacy, Inc · No. 5:18-cv-07571
Judge
Nathanael Cousins
Date
Jan. 15, 2021

Background

The court was notified that Carlos Pena's action against CVS Pharmacy, Inc. had settled. The order states that no issue remained for the court to decide.

Ruling

The court ordered that the action and all claims asserted in it be dismissed with prejudice. It directed the Clerk of Court to administratively close the case, vacated all scheduled dates, and stated that either party could move to reopen the case if the motion was filed within 75 days. The court retained jurisdiction for those 75 days.

Disposition

Judge Nathanael Cousins entered an order of conditional dismissal on January 15, 2021. The opinion does not state the settlement's terms.

The authoritative version

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

Open opinion PDF →
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