Wheeler v. Commissioner of Social Security
ORDER DIRECTING Clerk of Court to CLOSE CASE signed by Magistrate Judge Sheila K. Oberto on 3/7/2017. CASE CLOSED. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
No. 1:16-cv-00943 (SKO)
ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
On March 7, 2017, the parties filed a joint stipulation of dismissal, with prejudice. (Doc.
15.) Federal Rule of Civil Procedure 41(a)(1)(A) provides:
[T]he plaintiff may dismiss an action without a court order by
filing: (i) a notice of dismissal before the opposing party serves
either an answer to a motion for summary judgment, or (ii) a
stipulation of dismissal signed by all parties who have appeared.
Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after
service of an answer, by filing a written stipulation to dismiss signed by all of the parties who
have appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool,
782 F.2d 1470, 1472-73 (9th Cir. 1986).
Once the stipulation between the parties who have appeared is properly filed or made in
open court, no order of the court is necessary to effectuate dismissal. Case law concerning
stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of
dismissal is effective automatically and does not require judicial approval. Commercial Space
Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999).
Because the parties have filed a stipulation for dismissal of this case with prejudice under
Rule 41(a)(1)(A)(ii) that is signed by all parties who have made an appearance, this case has
terminated. Fed. R. Civ. P. 41(a)(1)(A)(ii). Accordingly, IT IS HEREBY ORDERED that the
Clerk of the Court close this case.
IT IS SO ORDERED.
March 7, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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