Ali v. Synchrony Bank

Filing 9

ORDER DIRECTING Clerk of Court to Close Case 8 , signed by Magistrate Judge Sheila K. Oberto on 8/23/17. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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HUSSEIN OSMAN ALI,
Plaintiff,
vs.
SYNCHRONY BANK,

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Defendant.

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No. 1:17-cv-00488-DAD-SKO
ORDER DIRECTING CLERK OF
COURT TO CLOSE CASE
(Doc. 8)

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On August 21, 2017, the parties filed a stipulation that this action be dismissed with
prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). (Doc. 8.)
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,

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

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who have appeared, although an oral stipulation in open court will also suffice. See Eitel v.

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McCool, 782 F.2d 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

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a stipulation for dismissal of this case with prejudice that is signed by all parties who have

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

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Accordingly IT IS HEREBY ORDERED that the Clerk of the Court is to close this
case.

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IT IS SO ORDERED.
Dated:

August 23, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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