Psenner v. Victoria's Secret Stores, LLC et al.

Filing 42

ORDER CLOSING Case in Light of Voluntary Dismissal With Prejudice, signed by District Judge Anthony W. Ishii on 12/8/14. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHELLA PSENNER,

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CASE NO. 1:13-CV-1295 AWI SMS

Plaintiff,
ORDER CLOSING CASE IN LIGHT OF
VOLUNTARY DISMISSAL WITH
PREJUDICE

v.
VICTORIA’S SECRET STORES, LLC,
Defendant.

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On December 5, 2014, the parties filed a stipulation for dismissal of this action with
prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1). See Doc. No. 41.

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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

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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,

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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), this case has terminated. See 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 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
parties’ voluntary dismissal with prejudice of this matter under Rule 41(a)(1).

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IT IS SO ORDERED.
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Dated: December 8, 2014
SENIOR DISTRICT JUDGE

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