Cristal Martinez Hernandez v. Kohl's Department Stores, Inc. et al

Filing 18

ORDER GRANTING Stipulation to Dismissal Entire Action With Prejudice 17 , signed by Magistrate Judge Sheila K. Oberto on 7/13/2018: The Clerk of the Court is ORDERED to close this case. (CASE CLOSED)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 CRISTAL MARTINEZ HERNANDEZ,
Plaintiff,

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vs.

14 KOHL’S DEPARTMENT STORES, INC.,
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Defendant.

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Case No. 1:17-cv-00869-AWI-SKO
ORDER GRANTING STIPULATION TO
DISMISS ENTIRE ACTION WITH
PREJUDICE
(Doc. 17)

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On July 12, 2018, the parties filed a stipulation requesting that the present action be dismissed

18 with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1), with each party to bear its own
19 costs and attorney’s fees. (Doc. 17.)
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In relevant part, Federal Rule of Civil Procedure 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,

26 after service of an answer, by filing a written stipulation to dismiss signed by all parties who have
27 appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d
28 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 open

2 court, no order of the court is necessary to effectuate dismissal. Case law concerning stipulated
3 dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of dismissal is
4 effective automatically and does not require judicial approval. Commercial Space Mgmt. Co. v.
5 Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed a stipulation for
6 dismissal of this case with prejudice under Rule 41(a)(1)(A)(ii) that is signed by all parties who have
7 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 close this case.

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10 IT IS SO ORDERED.
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July 13, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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