Hopson v. Kelly-Moore Paint Company, Inc.

Filing 11

ORDER GRANTING Stipulated Dismissal with Prejudice signed by Magistrate Judge Sheila K. Oberto on 5/2/2018. CASE CLOSED. (Sant Agata, S)

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DANIEL MALAKAUSKAS, SBN 265903
7345 South Durango Drive
Suite B-107-240
Las Vegas, NV 89113
Telephone: [phone]
Facsimile: 888-802-2440
Electronic Mail: [e-mail]

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Attorney for PLAINTIFF

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ROGER J. BROTHERS, SBN 118622
NEIL T. MEDEIROS, SBN 256734
BUCHMAN PROVINE BROTHERS SMITH LLP
2033 N. Main Street, Suite 720
Walnut Creek, California 94596
Telephone: [phone]
Facsimile: 925-944-9701

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Attorneys for Defendant
KELLY-MOORE PAINT COMPANY, INC.,

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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17 CYNTHIA HOPSON,

Case No.: 1:17-cv-1735-DAD-SKO

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ORDER GRANTING STIPULATED
DISMISSAL WITH PREJUDICE

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Plaintiff,
v.

20 KELLY-MOORE PAINT COMPANY, INC.,
as an entity and doing business as Kelly-Moore
21 Paint #304”, and DOES 1-50, Inclusive,
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[Fed. R. Civ. P. 41]
(Doc. 10)

Defendants.
ORDER

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On May 1, 2018, the parties filed a stipulation requesting that the present action be dismissed

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with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1), with each party to bear its own

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costs, expenses, and attorney’s fees. (Doc. 10.)

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ORDER GRANTING STIPULATED DISMISSAL PURSUANT TO FERDERAL RULE OF CIVIL PROCEDURE
41(a)(1)

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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
service of an answer, by filing a written stipulation to dismiss signed by all of the parties who have
appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d
1470, 1472-73 (9th Cir. 1986).
Once the stipulation between the parties who have appeared is properly filed or made in open

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court, no order of the court is necessary to effectuate dismissal. Case law concerning stipulated
dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of dismissal is
effective automatically and does not require judicial approval. Commercial Space Mgmt. Co. v.
Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed a stipulation for
dismissal of this case with prejudice under Rule 41(a)(1)(A)(ii) that is signed by all parties who have
made an appearance, this case has terminated. Fed. R. Civ. P. 41(a)(1)(A)(ii).
Accordingly IT IS HEREBY ORDERED that the Clerk of the Court close this case.

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IT IS SO ORDERED.
Dated:

May 2, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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ORDER GRANTING STIPULATED DISMISSAL PURSUANT TO FERDERAL RULE OF CIVIL PROCEDURE
41(a)(1)

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