Moore v. Manjal et al

Filing 13

ORDER DIRECTING the Clerk of Court to Administratively Close Case, signed by Magistrate Judge Gary S. Austin on 10/9/2014. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
)
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vs.
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AVTAR S. MANJAL dba CENTRAL FOOD )
MART; GIAN S. RAKKAR dba CENTRAL )
FOOD MART; and RAKKAR and MANJAL )
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dba JOHNNY QUIK #125,
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)
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Defendants.
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RONALD MOORE,

No. 1:14-cv-1148---GSA
ORDER DIRECTING THE CLERK OF
COURT TO ADMINISTRATIVELY
CLOSE CASE

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On September 30, 2014, Plaintiffs filed a Notice of Voluntary Dismissal against all
Defendants (Doc. 12) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).
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.
Fed. R. Civ. P. 41(a)(1)(A). Rule 41(a)(1)(B) further provides that a dismissal pursuant to

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Rule 41(a)(1)(A) is without prejudice “[u]nless the notice or stipulation states otherwise.”

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Rule 41 thus allows the parties to dismiss an action voluntarily, either by filing a notice

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of voluntary dismissal prior to the filing of an answer, or after service of an answer, by filing a

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written stipulation to dismiss signed by all of the parties who have appeared, although an oral

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stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d 1470, 1472-73 (9th

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Cir. 1986).

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Once a party files a notice of voluntary dismissal, no order of the court is necessary to

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effectuate dismissal. Caselaw concerning voluntary dismissals under Rule 41(a)(1)(A) is clear

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that the entry of such a dismissal is effective automatically and does not require judicial

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

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

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

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

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(9th Cir. 1997).

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Because Plaintiffs have filed a Notice of Dismissal against the Defendant under Rule

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41(a)(1)(A)(i) with prejudice, this case has terminated.

Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly, the Clerk of the Court is ORDERED to administratively close this case.

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IT IS SO ORDERED.
Dated:

October 9, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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