Klahn v. Wasco State Prison et al

Filing 40

ORDER on Stipulation for Voluntary Dismissal With Prejudice, Fed. R. Civ. P. 41, signed by Magistrate Judge Jennifer L. Thurston on 3/5/19. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL P. KLAHN, SR.,

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Plaintiff,

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v.
WASCO STATE PRISON, et al.,
Defendants.

Case No. 1:16-cv-00342-DAD-JLT (PC)
ORDER ON STIPULATION FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE, FED. R. CIV. P. 41
(Doc. 39)
CLERK OF THE COURT TO CLOSE CASE

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On March 4, 2019, the parties filed a stipulation of voluntary dismissal with prejudice of

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this matter pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). Rule 41(a)(1)(A), in relevant

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part, reads:
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; (ii) a stipulated dismissal signed by all parties who have
appeared.

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Rule 41(a)(1)(A)(ii) thus allows the parties to dismiss an action voluntarily, after service of an

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answer, by filing a written stipulation to dismiss signed by all of the parties who have appeared,

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although an oral stipulation in open court will also suffice. Carter v. Beverly Hills Sav. & Loan

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Asso., 884 F.2d 1186, 1191 (9th Cir. 1989); Eitel v. McCool, 782 F.2d 1470, 1472-73 (9th Cir.

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1986). 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. Fed. R. Civ. Pro.

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41(a)(1)(ii); Eitel, 782 F.2d at 1473 n.4. “Caselaw concerning stipulated dismissals under Rule

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41(a)(1)(ii) is clear that the entry of such a stipulation of dismissal is effective automatically and

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does not require judicial approval.” In re Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989); Gardiner v.

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A.H. Robins Co., 747 F.2d 1180, 1189 (8th Cir. 1984); see also Gambale v. Deutsche Bank AG,

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377 F.3d 133, 139 (2d Cir. 2004); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074,

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

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Rule 41(a)(1) dismissals). “The plaintiff may dismiss some or all of the defendants, or some or

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all of his claims, through a Rule 41(a)(1) notice,” and the dismissal “automatically terminates the

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action as to the defendants who are the subjects of the notice.” Wilson, 111 F.3d at 692; Concha

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v. London, 62 F.3d 1493, 1506 (9th Cir. 1995).

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Because the parties have filed a stipulation for dismissal of this case with prejudice under

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Rule 41(a)(1)(A)(ii) that is signed by all parties who have made an appearance, this case has

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terminated. See Fed. R. Civ. Pro. 41(a)(1)(A)(ii); In re Wolf, 842 F.2d at 466; Gardiner, 747 F.2d

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at 1189; see also Gambale, 377 F.3d at 139; Commercial Space Mgmt, 193 F.3d at 1077; cf.

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Wilson, 111 F.3d at 692. Accordingly, the Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

March 5, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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