Azua, Jr. v. City of Parlier

Filing 36

ORDER Closing Case in Light of Stipulation for Dismissal with Prejudice, signed by District Judge Anthony W. Ishii on 11/3/15. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NORBERTO AZUA, JR.,

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CASE NO. 1:14-CV-198 AWI SMS

Plaintiff,
ORDER CLOSING CASE IN LIGHT OF
STIPULATION FOR DISMISSAL WITH
PREJUDICE

v.
CITY OF PARLIER, et al.,
Defendants.

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(Doc. No. 35)

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On November 2, 2015, the parties filed a stipulation for dismissal of this action with
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prejudice. See Doc. No. 35. The stipulation is made pursuant to Federal Rule of Civil Procedure
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41(a)(1)(A)(ii). See id.
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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.

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Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not

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require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood

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Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d

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1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); In re
Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989).
Here, all parties who have appeared in this case have signed the stipulated dismissal.
Because all parties have signed the stipulated dismissal with prejudice, this case has terminated
automatically. See id.

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Therefore, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of the
parties’ properly filed and 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: November 3, 2015

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SENIOR DISTRICT JUDGE

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