Trujillo v. Xiong et al

Filing 27

ORDER DIRECTING Clerk of Court to Close Case, signed by Magistrate Judge Sheila K. Oberto on 4/11/18. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 JOSE TRUJILLO, Plaintiff, vs. DOUA XIONG, et al., 15 16 17 18 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) No. 1:17-cv-00380-DAD-SKO ORDER DIRECTING CLERK OF COURT TO CLOSE CASE (Doc. 26) 19 20 21 22 23 On April 10, 2018, Plaintiff filed the parties’ stipulation that this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (Doc. 26.) In relevant part, Rule 41(a)(1)(A) provides as follows: 25 [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. 26 Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, 27 after service of an answer, by filing a written stipulation to dismiss signed by all of the parties 24 28 1 who have appeared, although an oral stipulation in open court will also suffice. See Eitel v. 2 McCool, 782 F.2d 1470, 1472-73 (9th Cir. 1986). 3 Once the stipulation between the parties who have appeared is properly filed or made in 4 open court, no order of the court is necessary to effectuate dismissal. Case law concerning 5 stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of 6 dismissal is effective automatically and does not require judicial approval. Commercial Space 7 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed 8 a stipulation for dismissal of this case with prejudice under Rule 41(a)(1)(A)(ii) that is signed 9 by all parties who have made an appearance, this case has terminated. Fed. R. Civ. P. 10 41(a)(1)(A)(ii). 11 Accordingly IT IS HEREBY ORDERED that the Clerk of the Court close this case. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: April 11, 2018 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE .

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