ATAIN Specialty Insurance Company v. Isom, et al.

Filing 20

ORDER Directing The Clerk Of Court To Administratively Close Case, signed by Magistrate Judge Barbara A. McAuliffe on 1/14/2015. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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)
)
)
)
Plaintiff,
)
)
vs.
)
)
)
HARVEY
ISOM
dba
FAR
WEST)
PLUMBING, CENTURY BUILDERS, LLC, a)
California
limited
liability
company, )
)
CENTURY DEVELOPERS, LLC, a California)
limited liability company, NIBCO, INC., a)
)
foreign corporation licensed to do business in)
the State of California,
)
)
)
Defendants.
)
)
ATAIN SPECIALTY INSURANCE
COMPANY,

No. 1:14-cv-1336---BAM
ORDER DIRECTING THE CLERK OF
COURT TO ADMINISTRATIVELY
CLOSE CASE

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On January 13, 2015, Plaintiff filed a joint stipulation of voluntary dismissal, with

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prejudice, signed by all parties to this action. (Doc. 19). Federal Rule of Civil Procedure

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41(a)(1)(A), in relevant part, provides:

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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 Rule 41(a)(1)(A) is

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

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thus allows a plaintiff to voluntarily dismiss an action with prejudice by filing a written

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stipulation to that effect signed by all parties who have appeared in the action. Such a

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

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

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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. 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

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clear that the entry of such a stipulation of dismissal is effective automatically and does not

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require judicial approval”) (parentheses in original) (citation omitted); Casida v. Sears Holding

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Corp, No. 1:11-cv-1052-AWI-JLT, 2013 WL 1314051, at *1 (E.D. Cal. April 1, 2013) (the

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filing of stipulation for dismissal with prejudice pursuant to Rule 41(a)(1)(A)(ii) terminates the

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action).

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Given that Plaintiff has filed a stipulation for dismissal with prejudice signed by all
parties to this action, this case is terminated.

Accordingly, the Clerk of the Court is

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ORDERED to ADMINISTRATIVELY close this case.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 14, 2015

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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