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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 THERESA DISNEY , 9 10 11 12 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 13 14 15 On March 26, 2015, the parties filed a stipulation for dismissal of this case with prejudice 16 pursuant to Federal Rule of Civil Procedure 41(a)(1). See Doc. No. 45. The notice is signed by 17 all parties who have appeared in this case. 18 19 20 21 22 23 24 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, 25 26 27 28 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 1 in open court, no order of the court is necessary to effectuate dismissal. Fed. R. Civ. Pro. 2 41(a)(1)(A); Eitel, 782 F.2d at 1473 n.4. “Caselaw concerning stipulated dismissals under Rule 3 41(a) (1) (ii) is clear that the entry of such a stipulation of dismissal is effective automatically and 4 does not require judicial approval.” In re Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989); Gardiner v. 5 6 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, 7 8 9 1077 (9th Cir. 1999). As the parties have filed a stipulation for dismissal of this case with prejudice under Rule 10 41(a)(1) that is signed by all parties who have made an appearance, this case has terminated. See 11 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 12 Gambale, 377 F.3d at 139; Commercial Space Mgmt, 193 F.3d at 1077. 13 14 Therefore, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of the 15 16 filed and properly signed Rule 41(a)(1)(A)(ii) Stipulation Of Dismissal With Prejudice. 17 18 IT IS SO ORDERED. 19 Dated: March 30, 2015 SENIOR DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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