Shaw v. Fou et al

Filing 20

STIPULATION for Dismissal and ORDER, signed by Magistrate Judge Sheila K. Oberto on 03/04/15. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CECIL SHAW,
Plaintiff,

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vs.
HANG YAN FOU, et al.,
Defendants.

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) No. 1:14-cv-01710-SKO
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) STIPULATION FOR DISMISSAL OF
) ACTION; ORDER
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IT IS HEREBY STIPULATED by and between Plaintiff Cecil Shaw and Defendants

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Hang Yan Fou, Ratha Minn, Rosa Maria Vasquez dba La Mejor Mexican Food, and Sukha

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Singh dba JCM Mini Mart #2, the parties to this action, by and through their respective counsel,

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that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the above-captioned action be

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dismissed with prejudice in its entirety. Each party is to bear its own attorneys’ fees and costs.

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Date: March 3, 2015

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Cecil Shaw

STIPULATION FOR DISMISSAL OF ACTION; ORDER
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Date: March 3, 2015

WILLIAMS, BRODERSEN & PRITCHETT LLP

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/s/ Steven R. Williams
Steven R. Williams
Attorneys for Defendants
Hang Yan Fou, Ratha Minn, Rosa Maria Vasquez
dba La Mejor Mexican Food, and Sukha Singh dba
JCM Mini Mart #2

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ORDER

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Federal Rule of Civil Procedure 41 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. Caselaw 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).

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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) signed by all parties who have made an appearance, this case has

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terminated. Fed. R. Civ. P. 41(a)(1)(A)(ii). Accordingly IT IS HEREBY ORDERED that the

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Clerk of the Court is to administratively close this case.

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IT IS SO ORDERED.
Dated:

March 4, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR DISMISSAL OF ACTION; ORDER
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