Schindler et al v. Merced City School District, et al
ORDER REGARDING JOINT STIPULATION TO DISMISS REGINA SCHINDLER AS AN INDIVIDUAL PLAINTIFF as to 34 , signed by Magistrate Judge Barbara A. McAuliffe on 9/4/2020. (Regina Schindler (an individual) terminated)(Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
REGINA SCHINDLER, an individual,
DUWAYNE C., a minor, by and through
his guardian ad litem REGINA
(Doc. No. 34)
MERCED CITY SCHOOL DISTRICT,
operating as CHARLES WRIGHT
ELEMENTARY SCHOOL; OLIVIA
ZARATE, an individual employee; KEN
COOPER, an individual employee;
VERONICA VILLA, an individual
employee; BRIAN MEISENHEIMER, an
individual employee; DOUG COLLINS,
and DOES 1 through 50, inclusive,
ORDER REGARDING JOINT STIPULATION
TO DISMISS REGINA SCHINDLER AS AN
Case No. 1:19-cv-01188-DAD-BAM
On September 1, 2020, Plaintiff Regina Schindler and Defendants Merced City School
District, operating as Charles Wright Elementary School, Olivia Zarate, Ken Cooper, Veronica
Villa, Brian Meisenheimer and Doug Collins filed a stipulation for voluntary dismissal of
Plaintiff Regina Schindler’s individual claims against all defendants in this action with prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).1 (Doc. No. 34.) The stipulation is
signed by counsel for Plaintiffs Regina Schindler and Duwayne C., counsel for Defendants
Merced City School District, operating as Charles Wright Elementary School, Ken Cooper,
The parties cite Federal Rule of Civil Procedure “41(a)(ii),” which the Court construes as
Rule 41(a)(1)(A)(ii), which is the only equivalent provision of Rule 41.
Veronica Villa, Brian Meisenheimer and Doug Collins, and counsel for Defendant Olivia Zarate.
The stipulation indicates that Plaintiff Regina Schindler’s individual action against all defendants
should be dismissed with prejudice as to all claims, causes of action, and parties, and each party
shall bear that party’s attorney’s fees and costs. (Id. at 1.) The stipulation also provides that
notwithstanding the dismissal of her individual claims, Plaintiff Regina Schindler will continue to
serve as Guardian Ad Litem2 for Plaintiff Duwayne C., whose claims and causes of action are not
affected by the stipulation. (Id.)
In relevant part, Rule 41(a)(1)(A)(ii) provides that a plaintiff may dismiss an action
without a court order by filing a stipulation of dismissal signed by all parties who have appeared.
Upon the entry of such a stipulation, dismissal is effective automatically and does not require
judicial approval. See Commercial Space Mgmt Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir.
1999); Porter v. Spencer, No. 1:07-CV-0825 AWI SMS, 2018 WL 6198468, at *1 (E.D. Cal.
Aug. 13, 2018) (acknowledging dismissal under 41(a)(1)(A)(ii) is “self-executing”).
Accordingly, in light of the stipulated dismissal, Plaintiff Regina Schindler’s individual
claims against all defendants have been terminated by operation of law without further order from
the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). Notwithstanding the dismissal of her claims, Regina
Schindler shall continue to serve as Guardian Ad Litem for Plaintiff DUWAYNE C. The Clerk
of the Court is directed to update the docket.
IT IS SO ORDERED.
September 4, 2020
UNITED STATES MAGISTRATE JUDGE
Prior to removal of the action to this Court, the state superior court appointed Regina
Schindler as Guardian Ad Litem for Plaintiff Duwayne C. (Doc. No. 1 at 59-60.)
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