You may want to stop your case because:
To stop the case, you need to file a Notice of Discontinuance, which tells the court you are discontinuing (stopping) your case.
If you are stopping the case because you agreed to settle with your employer, you may also decide to put the details of the settlement in writing .This may be called a 'settlement agreement', 'terms of settlement' or a 'deed of release'. You may even file a document with the court called 'consent orders', that provide the court with some of the details about the settlement agreement.
You should get
Get the form
Fill out the form
File the form
You will need one form:
You can get a copy of the form from the:
To fill out the form you will need to have the following information:
Instructions: For help completing the form, see
Instructions for filling out a Notice of Discontinuance.
Samples: To see that the form could look like, see
Sample Notice of Discontinuance.
When you have finished filling out the form you need to sign it. Your signature does not need to be witnessed.
After you have finished filling out the form, take the original and two copies to the Federal Circuit Court registry and file them. The court will keep the original form and the sealed (stamped) copies will be returned to you.
If the court has already listed your case for hearing, the Notice of Discontinuance must be filed at least 14 days before this date, but the court can give permission for it to be filed closer to the hearing date.
If you and your employer came to an agreement about settling your case, you may want to enter into a settlement agreement. You may also want to get the court to make some further orders about your case.
Sample: To see what a completed Deed of Release and Consent Orders could look like, see:
Unless you have come to an agreement with your employer, they may apply for costs if you discontinue the application.
You must serve the form on your employer as soon as possible after you have filed it. You should serve it at their address for service, which should be on their response. If your employer did not file a response, serve it at the same address you served the application and claim.