Jacques v. Lopez, Jr. et al

Filing 51

ORDER regarding Stipulation of Voluntary Dismissal with prejudice pursuant to FRCP 41(a)(1)(A)(ii) 50 signed by Magistrate Judge Stanley A. Boone on 12/23/2019. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JACQUES,

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Plaintiff,

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v.

Case No. 1:16-cv-01289-DAD-SAB (PC)
ORDER REGARDING STIPULATION OF
VOLUNTARY DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV. P.
41(a)(1)(A)(ii)

J. LOPEZ, JR., et al.,
(ECF No. 50)

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Defendants.

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On December 20, 2019, Plaintiff Michael Jacques and Defendants J. Lopez, Jr., T.

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Vasquez, P. Athie, J. Garza, and R. Razo filed a stipulation to dismiss this entire action, with

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prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (ECF No. 50.) The

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stipulation further states that each party shall bear 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 terminate all pending

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deadlines and close this case.

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IT IS SO ORDERED.
Dated:

December 23, 2019
UNITED STATES MAGISTRATE JUDGE

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