Jose Trujillo v. Mariscos Costa Azul Incorporated et al

Filing 36

ORDER DISREGARDING STIPULATION OF DISMISSAL OF ACTION (ECF No. 35 ) signed by Magistrate Judge Stanley A. Boone on 2/16/2021. IT IS HEREBY ORDERED the stipulation to dismiss this action with prejudice is DISREGARDED. (Gonzales, V)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOSE TRUJILLO,
Plaintiff,

12
13

Case No. 1:19-cv-00891-SAB
ORDER DISREGARDING STIPULATION
OF DISMISSAL OF ACTION

v.
(ECF No. 35)

14

MARISCOS COSTA AZUL
INCORPORATED, et al.,

15
Defendants.
16
17
18
19
20
21
22
23
24
25
26
27

On July 23, 2020, a stipulation was filed to dismiss this action in its entirety without
prejudice. (ECF No. 33.) On July 24, 2020, an order issued directing the Clerk of the Court to
close this action to reflect voluntary dismissal pursuant to Rule 41(a) of the Federal Rules of
Civil Procedure. (ECF No. 34.) On February 16, 2021, a stipulation was filed to dismiss this
action with prejudice. (ECF No. 35.)
Once the notice of dismissal under Rule 41(a) has been filed, “the district court loses
jurisdiction over the dismissed claims and may not address the merits of such claims or issue
further orders pertaining to them.” United States v. Real Prop. Located at 475 Martin Lane,
Beverly Hills, CA, 545 F.3d 1134, 1145 (9th Cir. 2008) (quoting Duke Energy Trading & Mktg.,
L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001)). A dismissal under section 41(a) is “a
‘final decision’ for purposes of 28 U.S.C. § 1291.” Duke Energy Trading & Mktg., L.L.C., 267

28

1

1 F.3d at 1049. The Ninth Circuit has found it is “clear that a court has no discretion to exercise
2 [jurisdiction] once a Rule 41(a)(1) dismissal is filed.” Commercial Space Mgmt. Co. v. Boeing
3 Co., 193 F.3d 1074, 1077 (9th Cir. 1999). As this action has been previously dismissed without
4 a retention of jurisdiction, this Court does not have jurisdiction to dismiss this action with
5 prejudice. See Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 F. App’x 488 (9th
6 Cir. 2016) (district court jurisdiction expired when the parties filed a stipulation for voluntary
7 dismissal under Rule 41(a)(1)).1
Accordingly, IT IS HEREBY ORDERED that the stipulation to dismiss this action with

8

9 prejudice is DISREGARDED.
10
11

IT IS SO ORDERED.

12 Dated:

February 16, 2021
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

Citation to this unpublished Ninth Circuit opinion is appropriate pursuant to Ninth Circuit Rule 36-3(b).

2