Gastelum v. Gilroy Village Shopping Center LLC
- Nathanael Cousins
- 5:21-cv-06709
- U.S. District Court · Northern District of California
- 1
In Gastelum v. PNS Stores, Judge Cousins conditionally dismissed the settled case and all claims with prejudice, while allowing reopening within 60 days.
Fernando Gastelum and PNS Stores, Inc.; the action and all claims asserted in the case were dismissed with prejudice.
What happened
In Fernando Gastelum v. PNS Stores, Inc., the court was notified that the parties had settled the action and that no issue remained for the court to decide.
The court dismissed the action and all claims with prejudice. It directed the clerk to administratively close the case, vacated all scheduled dates, and allowed either party to ask to reopen the case within 60 days.
Judge Nathanael M. Cousins ordered that the court would retain jurisdiction for 60 days. The order did not decide the underlying claims because the case ended after settlement.
The detailed version
- Gastelum v. Gilroy Village Shopping Center LLC · No. 5:21-cv-06709
- Nathanael Cousins
- May 6, 2022
Background
The court stated that it had been notified that the parties settled the action and that no issue remained for the court to determine. The opinion does not describe the claims or the settlement terms.
Ruling
The court ordered that the action and all claims asserted in it were dismissed with prejudice. This means the claims were dismissed in a way that bars their refiling. The clerk was directed to administratively close the case, and all scheduled dates were vacated.
The order was titled an order of conditional dismissal. It allowed any party to move to reopen the case if the motion was filed within 60 days. The court also retained jurisdiction for 60 days. The order did not reach the merits of the underlying claims; it disposed of the case after settlement.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.