Clymore, et al v. Federal Railroad Administration et al
Filing
69
ORDER on Exparte Application to Reopen, signed by District Judge Anthony W. Ishii on 3/7/2016. (Kusamura, W)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICHARD CLYMORE and DEBRA
HARBIN-CLYMORE,
Plaintiffs
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CASE NO. 1:14-CV-101 AWI SMS
ORDER ON EX PARTE APPLICATION
TO REOPEN
v.
FEDERAL RAILROAD
ADMINISTRATION, CHARLES MARK
HAGOOD, and DOES 1 through 10,
inclusive,
(Doc. No. 68)
Defendants
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On January 28, 2016, a notice of settlement was filed. See Doc. No. 64. On February 2,
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2016, a minute order was issued that set a deadline of February 22, 2016 for the parties to file a
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stipulation of dismissal. See Doc. No. 65. In relevant part, the minute order stated in relation to a
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stipulation for dismissal, “If not received, the Court may dismiss the matter on its own authority.”
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See id. Because the parties made no further filings, the Court followed through on its warning and
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dismissed the case on February 26, 2016. See Doc. No. 66. The dismissal was an involuntary
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dismissal under Rule 41(b), as well as under the Local Rules. See id.
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On March 3, 2016, the Defendant filed a stipulation and proposed order that dismissed the
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case with prejudice. See Doc. No. 67. The stipulation is only a stipulation, it does not discuss the
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prior February 26 order. See id.
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On March 7, 2016, Defendant filed an ex parte request to reopen this case, so that the
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Court could then sign the proposed dismissal with prejudice. See Doc. No. 68. The application
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explains that Plaintiff would not sign a dismissal until he received settlement proceeds, which did
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not occur until after the February 22, 2016 deadline. See id.
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After considering the application, the Court will not reopen this closed case. The Court
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understands that the reason a stipulation was not filed was due to Plaintiff’s failure to sign a
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stipulated dismissal, and that Defendant seeks an order that expressly dismisses this case with
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prejudice. However, Defendant already has an order that dismisses this case “with prejudice.”
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Rule 41(b) expressly provides that, unless otherwise stated in the order itself, a dismissal
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operates as “an adjudication on the merits.” See Fed. R. Civ. P. 41(b).1 “An adjudication on the
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merits” is synonymous with a dismissal “with prejudice.” See Semtek Int’l, Inc. v. Lockheed
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Martin Corp., 531 U.S. 497, 505 (2001); Havens v. Mabus, 759 F.3d 91, 98 (D.C. Cir. 2015);
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Sikhs v. Badal, 736 F.3d 743, 751 (7th Cir. 2013); Nasious v. Two Unknown B.I.C.E. Agents, 492
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F.3d 1158, 1162 (10th Cir. 2007); Luney v. SGS Auto. Servs., Inc., 432 F.3d 866, 867 (8th Cir.
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2005); Stewart v. U.S. Bancorp., 297 F.3d 953, 956 (9th Cir. 2002). Here, the Court’s dismissal
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order did not state that the dismissal was “without prejudice” or that it was not an adjudication on
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the merits. See Doc. No. 66. Therefore, by the express operation of Rule 41(b), the dismissal
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order was “an adjudication on the merits,” which means that the dismissal was “with prejudice.”
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See id. Given the nature of a Rule 41(b) dismissal, no adequate reason has been presented to
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reopen this case.2 Semtek Int’l, 531 U.S. at 505; Havens, 759 F.3d at 98; Sikhs, 736 F.3d at 751;
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Nasious, 492 F.3d at 1162; Luney, 432 F.3d at 867; Stewart, 297 F.3d at 956.
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Accordingly, IT IS HEREBY ORDERED that, because the dismissal in this case (Doc. No.
66) is a dismissal with prejudice, Defendant’s application to reopen this matter is DENIED.
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IT IS SO ORDERED.
Dated: March 7, 2016
SENIOR DISTRICT JUDGE
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There are three exceptions to this rule – dismissals for lack of jurisdiction, improper venue, and absence of a
necessary part under Rule 19. See Fed. R. Civ. P. 41(b). None of these exceptions apply in this case.
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The Court would advise for future cases that, if it appears that a dismissal deadline will not be met, a litigant should
file a request for additional time to file dismissal papers.
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