Disney v. Kenworth

Filing 116

ORDER Closing Case in Light of Stipulation for Dismissal with Prejudice signed by District Judge Anthony W. Ishii on 03/30/2015. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THERESA DISNEY ,

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Plaintiff
v.

CASE NO. 1:12-CV-484 AWI GSA
ORDER CLOSING CASE IN LIGHT OF
STIPULATION FOR DISMISSAL WITH
PREJUDICE

KENWORTH and DOES 1-50, inclusive,
(Doc. Nos. 115)
Defendants

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On March 26, 2015, the parties filed a stipulation for dismissal of this case with prejudice

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pursuant to Federal Rule of Civil Procedure 41(a)(1). See Doc. No. 45. The notice is signed by

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all parties who have appeared in this case.

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Rule 41(a)(1), in relevant part, reads:
(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.
Rule 41(a)(1)(A)(ii) thus allows the parties to dismiss an action voluntarily, after service of an
answer, by filing a written stipulation to dismiss signed by all of the parties who have appeared,

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although an oral stipulation in open court will also suffice. See Carter v. Beverly Hills Sav. &
Loan Asso., 884 F.2d 1186, 1191 (9th Cir. 1989); Eitel v. McCool, 782 F.2d 1470, 1472-73 (9th
Cir. 1986). Once the stipulation between the parties who have appeared is properly filed or made

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

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

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

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

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A.H. Robins Co., 747 F.2d 1180, 1189 (8th Cir. 1984); see also Gambale v. Deutsche Bank AG,
377 F.3d 133, 139 (2d Cir. 2004); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074,

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1077 (9th Cir. 1999).
As the parties have filed a stipulation for dismissal of this case with prejudice under Rule

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

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

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Gambale, 377 F.3d at 139; Commercial Space Mgmt, 193 F.3d at 1077.

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Therefore, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of the
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filed and properly signed Rule 41(a)(1)(A)(ii) Stipulation Of Dismissal With Prejudice.

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IT IS SO ORDERED.

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Dated: March 30, 2015
SENIOR DISTRICT JUDGE

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