Lateef v. City of Madera et al

Filing 53

ORDER DISMISSING CASE pursuant to FRCP 41(a)(1)(A)(ii),signed by Magistrate Judge Sheila K. Oberto on 2/21/2020. CASE CLOSED, 52 (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUNAID LATEEF,

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No. 1:16-cv-01488-SKO

Plaintiff,
v.

ORDER DIRECTING THE CLERK OF
COURT TO CLOSE CASE

CITY OF MADERA, et al.,
(Doc. 52)
Defendants.

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On February 21, 2020, Plaintiff filed a stipulation, signed by all parties who have appeared,

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that this action be dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules

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of Civil Procedure. (Doc. 52.)

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In relevant part, Rule 41(a)(1)(A) provides as follows:

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[A] 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.

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Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after

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

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appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d

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1470, 1472-73 (9th Cir. 1986).

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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. Case law concerning

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stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of

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dismissal is effective automatically and does not require judicial approval. Commercial Space

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Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed a

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stipulation for dismissal of this case with prejudice under Rule 41(a)(1)(A)(ii) that is signed by all

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whom have made an appearance, this case has terminated. Fed. R. Civ. P. 41(a)(1)(A)(ii).

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Based on the foregoing, IT IS HEREBY ORDERED that the Clerk of Court close this
case.

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IT IS SO ORDERED.
Dated:

February 21, 2020

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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