Free Order - District Court of California - California

Case 3:08-cv-00765-VRW

Document 10

Filed 07/14/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs, v ONLY THE BEST, INC d/b/a CRAZY SHIRTS, Defendant. / On July 11, 2008, plaintiffs filed a notice of errata. The notice stated that, due to a typographical error, the parties' stipulation and order of dismissal without prejudice, Doc #7, contained the phrase "with prejudice" instead of "without prejudice" at page 2, line 14. Doc #9 at 1. The stipulation and GYM-MARK, INC and THE GYMBOREE CORPORATION, No C 08-0765 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

order of dismissal without prejudice including the claimed error was signed by the undersigned and filed on June 18, 2008. Doc #8.

The notice of errata includes an exhibit described as a "corrected stipulation and order of dismissal without prejudice."

Case 3:08-cv-00765-VRW

Document 10

Filed 07/14/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Doc #9 at 1.

The signatures on the corrected stipulation and order

are dated June 18, 2008 and May 29, 2008, Doc # 9-2 at 2, as were the signatures on the erroneous stipulation and order. This leads

to the inference that when the error was discovered, plaintiffs' counsel simply changed "with prejudice" to "without prejudice" and submitted that altered stipulation. This will not do.

Counsel must submit a single stipulation, executed by all counsel with original signatures, electronic or in hand; signatures in counterparts are, of course, acceptable. This problem aside, counsel should refer to FRCP 60(a).

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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