Murrietta-Golding et al v. City of Fresno et al

Filing 117

ORDER Directing the Clerk of Court to Close Case signed by Magistrate Judge Sheila K. Oberto on 9/8/2021. CASE CLOSED. (Jessen, A)

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Case 1:18-cv-00314-AWI-SKO Document 117 Filed 09/09/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 ISIAH MURRIETTA-GOLDING, Deceased, THROUGH HIS SUCCESSOR IN INTEREST CHRISTINA PAULINE LOPEZ; and CHRISTINA PAULINE LOPEZ, Individually, et al., 14 17 18 ORDER DIRECTING THE CLERK OF COURT TO CLOSE CASE. Plaintiffs, (Doc. 116) 15 16 No. 1:18-cv-00314-AWI-SKO v. CITY OF FRESNO, a public entity, CITY OF FRESNO POLICE CHIEF JERRY DYER, SERGEANT RAY VILLALVAZO, individually, and DOES 3 through 10, Jointly and Severally, 19 Defendants. 20 21 22 On September 7, 2021, Plaintiff Christina Pauline Lopez filed the parties’ stipulation that 23 this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a). (Doc. 24 116.) 25 In relevant part, Rule 41(a)(1)(A) provides as follows: 26 [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. 27 28 Case 1:18-cv-00314-AWI-SKO Document 117 Filed 09/09/21 Page 2 of 2 1 Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after 2 service of an answer, by filing a written stipulation to dismiss signed by all of the parties who have 3 appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d 4 1470, 1472-73 (9th Cir. 1986). 5 Once the stipulation between the parties who have appeared is properly filed or made in 6 open court, no order of the court is necessary to effectuate dismissal. Case law concerning 7 stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of 8 dismissal is effective automatically and does not require judicial approval. Commercial Space 9 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed a 10 stipulation for dismissal of this case with prejudice under Rule 41(a) that is signed by all whom 11 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 Court close this case. 12 13 IT IS SO ORDERED. 14 15 Dated: /s/ Sheila K. Oberto September 8, 2021 . UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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