Curtis Anderson v. United States of America et al

Filing 90

ORDER Regarding Stipulation of Voluntary Dismissal With Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) signed by Magistrate Judge Stanley A. Boone on 9/4/2019. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CURTIS ANDERSON,

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Plaintiff,

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v.

Case No. 1:16-cv-00352-DAD-SAB (PC)
ORDER REGARDING STIPULATION OF
VOLUNTARY DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV. P.
41(a)(1)(A)(ii)

UNITED STATES OF AMERICA,
(ECF No. 89)

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Defendant.

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On September 3, 2019, Plaintiff Curtis Anderson and Defendant United States of America

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filed a stipulation to dismiss this entire action, with prejudice, pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii). (ECF No. 89.) The stipulation further states that each party shall bear

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its own litigation costs and attorney’s fees.
Rule 41(a)(1)(A)(ii) provides, in relevant part, that “the plaintiff may dismiss an action

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without a court order by filing … a stipulation of dismissal signed by all parties who have

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appeared.” In this case, since all parties signed and dated the stipulation of dismissal, the filing of

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the stipulation “automatically terminate[d] the action[.]” Wilson v. City of San Jose, 111 F.3d

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688, 692 (9th Cir. 1997) (citations omitted).
Accordingly, this action is terminated by operation of law without further order from the

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Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.
Dated:

September 4, 2019
UNITED STATES MAGISTRATE JUDGE

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