Arizaga v. John Bean Technologies Corporation et al

Filing 72

VOLUNTARY DISMISSAL of Action, signed by Magistrate Judge Michael J. Seng on 9/12/16. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10
11

STEVEN ARIZAGA,

12
13
14
15
16

1:13-cv-01981 MJS HC
Plaintiff, VOLUNTARY DISMISSAL OF ACTION

v.

(ECF No. 71)

JOHN BEAN TECHNOLOGIES
CORPORATION, et al.,
Defendants.

17
18

On September 7, 2016, the parties filed a stipulation for dismissal of this case with

19

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

20

all remaining parties who have appeared in this case.

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.

25

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

26

service of an answer, by filing a written stipulation to dismiss signed by all of the parties

27

who have appeared, although an oral stipulation in open court will also suffice. See

28
1

1

Carter v. Beverly Hills Sav. & Loan Asso., 884 F.2d 1186, 1191 (9th Cir. 1989); Eitel v.

2

McCool, 782 F.2d 1470, 1472-73 (9th Cir. 1986). Once the stipulation between the

3

parties who have appeared is properly filed or made in open court, no order of the court

4

is necessary to effectuate dismissal. Fed. R. Civ. Pro. 41(a)(1)(A); Eitel, 782 F.2d at

5

1473 n.4. "Caselaw concerning stipulated dismissals under Rule 41(a) (1) (ii) is clear

6

that the entry of such a stipulation of dismissal is effective automatically a nd does not

7

require judicial approval." In re Wolf, 842 F.2d 464, 466, 268 U.S. App. D.C. 468 (D.C.

8

Cir. 1989); Gardiner v. A.H. Robins Co., 747 F.2d 1180, 1189 (8th Cir. 1984); see also

9

Gambale v. Deutsche Bank AG, 377 F.3d 133, 139 (2d Cir. 2004); Commercial Space

10

Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999) cf. Wilson v. City of San

11

Jose, 111 F.3d 688, 692 (9th Cir. 1997) (addressing Rule 41(a)(1)(i) dismissals).

12

As the parties have signed and filed a stipulation for dismissal of this case with

13

prejudice under Rule 41(a)(1), this case is terminated. See Fed. R. Civ. Pro.

14

41(a)(l)(A)(ii).

15

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

16

of the parties' filed and properly signed Rule 41(a)(l)(A)(ii) Stipulation O f Dismissal with

17

prejudice.

18
19
20
21

IT IS SO ORDERED.
Dated:

September 12, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28
2