Valencia v. Bottling Group, LLC et al.

Filing 8

ORDER CLOSING Case in Light of Stipulation for Dismissal With Prejudice 7 , signed by District Judge Anthony W. Ishii on 7/11/16. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUBEN VALENCIA,

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CASE NO. 1:16-CV-0495 AWI BAM

Plaintiff,
ORDER CLOSING CASE IN LIGHT OF
STIPULATION FOR DISMISSAL WITH
PREJUDICE

v.
BOTTLING GROUP, LLC, et al.,

(Doc. No. 7)
Defendants.

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On July 8, 2016, the parties filed a stipulation for dismissal of this entire case with
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prejudice under Rule 41(a)(1)(A)(ii). See Doc. No. 7.
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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); In re

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Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989).

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Here, all parties in this case have signed the stipulated dismissal. See Doc. No. 7. Because

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all parties have signed the stipulated dismissal with prejudice, this case has terminated

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automatically. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Yesh Music, 727 F.3d at 362; Commercial

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Space, 193 F.3d at 1077.

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Therefore, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of the

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parties’ properly filed and signed Rule 41(a)(1)(A)(ii) Stipulation Of Dismissal With Prejudice.

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IT IS SO ORDERED.

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Dated: July 11, 2016

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SENIOR DISTRICT JUDGE

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