Arias v. Ruan Transport Corporation

Filing 12

ORDER DISMISSING TWELFTH CAUSE OF ACTION FROM THE COMPLAINT. It is hereby ordered that, pursuant to the stipulation of the parties, the twelfth cause of action in Plaintiffs complaint is dismissed with prejudice. Signed by Magistrate Judge Stanley A. Boone on 8/5/2016. (Valdez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAVIER ARIAS,

Case No. 1:16-cv-00280-SAB

Plaintiff,

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ORDER DISMISSING TWELFTH CAUSE
OF ACTION FROM THE COMPLAINT

v.

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(ECF No. 11)
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RUAN TRANSPORT CORPORATION,

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Defendant.

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On August 4, 2016, the parties filed a stipulation to dismiss Plaintiff’s twelfth cause of

18 action with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (ECF
19 No. 11.)
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Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a “plaintiff may dismiss an action

21 without a court order by filing a stipulation of dismissal signed by all parties who have
22 appeared.” “[A] dismissal under Rule 41(a)(1) is effective on filing, no court order is required,
23 the parties are left as though no action had been brought, the defendant can’t complain, and the
24 district court lacks jurisdiction to do anything about it.” Commercial Space Mgmt. Co., Inc. v.
25 Boing Co., Inc., 193 F.3d 1074, 1078 (9th Cir. 1999).
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Accordingly, IT IS HEREBY ORDERED that, pursuant to the stipulation of the parties,

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2 the twelfth cause of action in Plaintiff’s complaint is dismissed with prejudice.
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IT IS SO ORDERED.

5 Dated:

August 5, 2016
UNITED STATES MAGISTRATE JUDGE

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