Coble v. DeRosia et al

Filing 50

ORDER Closing Case in Light of the Parties's Rule 41(a) Voluntary Dismissal 49 , signed by Chief Judge Anthony W. Ishii on 1/4/12. CASE CLOSED. (Gonzalez, R)

1
2
3

IN THE UNITED STATES DISTRICT COURT FOR THE

4

EASTERN DISTRICT OF CALIFORNIA

5
)
)
)
Plaintiff,
)
)
v.
)
)
MARK DEROSIA, et al.,
)
)
)
Defendants.
)
____________________________________ )
LISA COBLE,
6
7
8
9
10
11

1:10-CV–259 AWI JLT
ORDER CLOSING CASE IN
LIGHT OF THE PARTIES’S
RULE 41(a) VOLUNTARY
DISMISSAL
(Doc. No. 49)

12
13
14
15

On January 3, 2012, the parties filed a stipulation for dismissal of this case with prejudice

16

pursuant to Federal Rule of Civil Procedure 41(a)(1). The notice is signed by all parties who

17

have appeared in this case.

18

Rule 41(a)(1), in relevant part, reads:

19

(A) . . . the plaintiff may dismiss an action without a court order by filing: (i) a
notice of dismissal before the opposing party serves either an answer or a motion
for summary judgment; or (ii) a stipulation of dismissal signed by all parties who
have appeared. . . . (B) Unless the notice or stipulation states otherwise, the
dismissal is without prejudice.

20
21
22

Rule 41(a)(1)(A)(ii) thus allows the parties to dismiss an action voluntarily, after service of an

23

answer, by filing a written stipulation to dismiss signed by all of the parties who have appeared,

24

although an oral stipulation in open court will also suffice. See Carter v. Beverly Hills Sav. &

25

Loan Asso., 884 F.2d 1186, 1191 (9th Cir. 1989); Eitel v. McCool, 782 F.2d 1470, 1472-73 (9th

26

Cir. 1986). Once the stipulation between the parties who have appeared is properly filed or made

27

in open court, no order of the court is necessary to effectuate dismissal. Fed. R. Civ. Pro.

28

41(a)(1)(A); Eitel, 782 F.2d at 1473 n.4. “Caselaw concerning stipulated dismissals under Rule

1

41(a) (1) (ii) is clear that the entry of such a stipulation of dismissal is effective automatically and

2

does not require judicial approval.” In re Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989); Gardiner v.

3

A.H. Robins Co., 747 F.2d 1180, 1189 (8th Cir. 1984); see also Gambale v. Deutsche Bank AG,

4

377 F.3d 133, 139 (2d Cir. 2004); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074,

5

1077 (9th Cir. 1999) cf. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)

6

(addressing Rule 41(a)(1)(i) dismissals).

7

As the parties have filed a stipulation for dismissal of this case with prejudice under Rule

8

41(a)(1) that is signed by all parties who have made an appearance, this case has terminated. See

9

Fed. R. Civ. Pro. 41(a)(1)(A)(ii); In re Wolf, 842 F.2d at 466; Gardiner, 747 F.2d at 1189; see

10

also Gambale, 377 F.3d at 139; Commercial Space Mgmt, 193 F.3d at 1077; cf. Wilson, 111

11

F.3d at 692.

12
13

Therefore, IT IS HEREBY ORDERED that the Clerk is to CLOSE this case in light of

14

the parties’s filed and properly signed Rule 41(a)(1)(A)(ii) Stipulation Of Dismissal with

15

prejudice

16

IT IS SO ORDERED.

17
18

Dated:
ciem0h

January 4, 2012
CHIEF UNITED STATES DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
2