Kaur v. Napolitano et al

Filing 16

ORDER DIRECTING the Clerk of Court to Administratively Close Case (Stipulation), signed by Magistrate Judge Gary S. Austin on 9/18/14. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:14-cv-00469 --- GSA

GURDIP KAUR,
Plaintiff,
v.
JANET NAPOLITANO, et. al.,
Defendants.

ORDER DIRECTING THE CLERK OF
COURT TO ADMINISTRATIVELY CLOSE
CASE
(Doc. 15)

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On September 16, 2014, the Plaintiff in this action filed a joint stipulation of voluntary

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dismissal, with prejudice, signed by all parties to this action. Federal Rule of Civil Procedure

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41(a)(1)(A), in relevant part, provides:
[T]he plaintiff may dismiss an action without a court order by filing: (1) 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.
Rule 41(a)(1)(B) further provides that a dismissal pursuant to Rule 41(a)(1)(A) is without
prejudice “[u]nless the notice or stipulation states otherwise.”

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Rule 41(a)(1)(A)(ii) thus allows a plaintiff to voluntarily dismiss an action with prejudice
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by filing a written stipulation to that effect signed by all parties who have appeared in the action.

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Such a stipulation of dismissal is self-executing and does not require an order of the court to

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effectuate dismissal. Eitel v. McCool, 782 F.2d 1470, 147 (9th Cir. 1986) (Rule 41(a)(1) provides

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for dismissal by the plaintiff without order of the court by filing a stipulation of dismissal signed
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by all parties who have appeared in the action); DeLeon v. Marcos, 659 F.3d 1276, 1283 (10th Cir.

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2011) (“A stipulation of dismissal under Rule 41(a)(1)(A)(i) or (ii) is self-executing and

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immediately strips the district court of jurisdiction over the merits.”); In re Wolf, 842 F.2d 464,

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466 (D.C. Cir. 1989) (“[c]aselaw concerning stipulated dismissals under Rule 41(a)(1)(ii) is clear

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that the entry of such a stipulation of dismissal is effective automatically and does not require
judicial approval”) (parentheses in original) (citation omitted); Casida v. Sears Holding Corp, No.

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1:11-cv-1052-AWI-JLT, 2013 WL 1314051, at *1 (E.D. Cal. April 1, 2013) (the filing of
stipulation for dismissal with prejudice pursuant to Rule 41(a)(1)(A)(ii) terminates the action).
Given that Plaintiff has filed a stipulation for dismissal with prejudice signed by all parties

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to this action, this case is terminated. Accordingly, the Clerk of the Court is ordered to

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administratively close the case.

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IT IS SO ORDERED.
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Dated:

September 18, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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