Travelers Property Casualty Company of America v. Hume Lake Christian Camps, Inc.

Filing 44

ORDER on Joint Stipulation for Dismissal of Entire Action With Prejudice, signed by Magistrate Judge Sheila K. Oberto on 8/1/18. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

10 TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, a Connecticut
11 corporation,
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Plaintiff,

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vs.

14 HUME LAKE CHRISTIAN CAMPS, INC., a
California Non-Profit Organization,
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Defendant.

17 HUME LAKE CHRISTIAN CAMPS, INC., a
California Non-Profit Organization,
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Case No. 1:18-CV-00025-DAD-SKO
Assigned to Honorable Dale A. Drozd
Courtroom 5, 7th Floor
ORDER ON JOINT STIPULATION
FOR DISMISSAL OF ENTIRE ACTION
WITH PREJUDICE
[FRCP 41(a)(1)(A)(ii)]

(Doc. 43)

Counterclaimant,
vs.

20 TRAVELERS PROPERTY CASUALTY
21 COMPANY OF AMERICA, a Connecticut
corporation,
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Counterdefendant.

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On July 30, 2018, the parties filed a stipulation requesting that the present action be

26 dismissed in its entirety with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1), with
27 each party to bear its own costs and attorney’s fees. (Doc. 43.)
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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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5 Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after
6 service of an answer, by filing a written stipulation to dismiss signed by all parties who have
7 appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d
8 1470, 1472-73 (9th Cir. 1986).

120 Broadway, Suite 300

Santa Monica, California 90401-2386

Bryan Cave LLP

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Once the stipulation between the parties who have appeared is properly filed or made in open

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

19 Dated:
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August 1, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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