Zapien et al v. United States Postal Service et al

Filing 23

ORDER Directing Clerk of Court to Close Case, signed by Magistrate Judge Sheila K. Oberto on 8/22/16: The parties filed a stipulation requesting that the present action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each party to bear its own costs, expenses, and attorneys fees. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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) No. 1:14-cv-01264-SKO
)
) ORDER DIRECTING CLERK OF
Plaintiffs,
)
) COURT TO CLOSE CASE
vs.
)
UNITED STATES POSTAL SERVICE, et al., )
)
)
)
Defendants.
)
)
)
ANGELA ZAPIEN, et al.

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On August 19, 2016, the parties filed a stipulation requesting that the present action be

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dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each

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party to bear its own costs, expenses, and attorney’s fees.

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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 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.

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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 law concerning

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

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dismissal is effective automatically and does not require judicial approval. Commercial Space

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Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed

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a stipulation for dismissal of this case with prejudice under Rule 41(a)(1)(A)(ii) that is signed

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by all parties who have made an appearance, this case has terminated. Fed. R. Civ. P.

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41(a)(1)(A)(ii).

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Accordingly IT IS HEREBY ORDERED that the Clerk of the Court is to close this
case.
IT IS SO ORDERED.

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Dated:

August 22, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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