Travelers Indemnity Company of Connecticut, et al v. Centex Homes, et al

Filing 16

ORDER CLOSING CASE In Light Of Stipulation For Dismissal Without Prejudice, signed by District Judge Anthony W. Ishii on 7/8/2015. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRAVELERS INDEMNITY COMPANY
OF CONNECTICUT, a Connecticut
corporation, et al.,

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Plaintiffs,

CASE NO. 1:15-CV-233 AWI SAB
ORDER CLOSING CASE IN LIGHT OF
STIPULATION FOR DISMISSAL
WITHOUT PREJUDICE

v.
CENTEX HOMES, a Nevada general
partnership,
Defendant.

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On July 6, 2015, the parties filed a stipulation for dismissal of this case without prejudice
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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See Doc. No. 15.
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Rule 41(a)(1), in relevant part, reads:
(A) . . . the 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. . . . (B) Unless the notice or stipulation states otherwise, the
dismissal is without prejudice.

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Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not

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require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood

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Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d

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1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Here, no answers or summary judgment motions have been filed. Furthermore,

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Defendant’s attorney has signed the stipulated dismissal. Because the requirements of Rule
41(a)(1)(A) have been met, this case has terminated. See id.
Therefore, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of the
filed and signed Rule 41(a)(1) Stipulation Of Dismissal Without Prejudice.

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IT IS SO ORDERED.

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Dated: July 8, 2015
SENIOR DISTRICT JUDGE

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