Moore v. Hall

Filing 15

ORDER DIRECTING Clerk of Court to Administratively Close Case, signed by Magistrate Judge Sheila K. Oberto on 06/26/2014. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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RONALD MOORE,

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Plaintiff,

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vs.
SANDRA HALL, dba Jus Jo's Country
Kitchen,

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Defendant.

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No. 1:14-cv-00609---SKO
ORDER DIRECTING CLERK OF
COURT TO ADMINISTRATIVELY
CLOSE CASE

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On June 23, 2014, Plaintiff filed the parties' stipulation that the action be dismissed with

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prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).

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In relevant part, Rule 41(a)(1)(A) provides as follows:

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[A] plaintiff may dismiss an action with 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.

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Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily,

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

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

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

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Once the stipulation between the parties who have appeared is properly filed or made in

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open court, no order of the court is necessary to effectuate dismissal.

Case authority

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concerning stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a

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stipulation of dismissal is effective automatically and does not require judicial approval.

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Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). "The

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plaintiff may dismiss some or all of the defendants, or some or all of his claims, through a Rule

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41(a)(1) notice," and the dismissal "automatically terminates the action as to the defendants

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who are the subjects of the notice." Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir.

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1997).

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Because the parties have filed a stipulation for dismissal of this case with prejudice

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under Rule 41(a)(1)(A)(ii) that is signed by all parties who have made an appearance, this case

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has terminated. Fed. R. Civ. P. 41(a)(1)(A)(ii).

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Accordingly the Clerk of the Court is HEREBY DIRECTED to administratively close
this case.

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IT IS SO ORDERED.
Dated:

June 26, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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