Automated Summary
Key Facts
Plaintiff Ulysses Rivera settled claims with remaining defendant Experian Information Solutions, Inc., resulting in dismissal of the action without prejudice. The court retained jurisdiction and allowed re-opening of the action by November 3, 2025 if settlement was not consummated.
Issues
The court ordered dismissal of the action without prejudice after the plaintiff settled claims with defendant Experian Information Solutions, Inc. The action may be re-opened by November 3, 2025 if settlement is not consummated.
Remedies
The court ordered dismissal of the action without prejudice and without costs. The parties retain the right to re-open the action by November 3, 2025 if the settlement with Experian Information Solutions, Inc. is not consummated. The court retains full jurisdiction over this action.
Legal Principles
Federal Rule of Civil Procedure 41(b) governs voluntary dismissal without prejudice, allowing parties to re-open an action if settlement is not consummated by the specified deadline. The court retains jurisdiction and parties consent to dismissal if they fail to re-open or seek an extension by the deadline.
Precedent Name
Link v. Wabash R.R. Co.
Cited Statute
- Link v. Wabash R.R. Co., 370 U.S. 626 (1962)
- Federal Rules of Civil Procedure
Judge Name
Fernando M. Olguin
Passage Text
- 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 November 3, 2025, to re-open the action if settlement is not consummated.
- Failure to re-open or seek an extension of time to re-open the action by the deadline set forth above shall be deemed as consent by the parties to dismissal of the action without prejudice.