(SS) Packer v. Commissioner of Social Security

Filing 18

ORDER DISMISSING CASE pursuant to FRCP 41(a)(1)(A)(ii), signed by Magistrate Judge Helena M. Barch-Kuchta on 07/13/2021. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMY NOELLE PACKER,

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Plaintiff,

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v.
COMMISSIONER OF SOCIAL
SECURITY,

No. 1:20-cv-01319-HBK
STIPULATION OF DISMISSAL WITH
PREJUDICE UNDER FED. R. CIV. P. 41
(a)(1)(A)(ii) 1
(Doc. No. 17)

Defendant.

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The parties filed a Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) on

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July 12, 2021. (Doc. No. 17, “Stipulation”). The Stipulation states the dismissal is with prejudice

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with each party bearing “their own attorney fees, costs, and expenses associated with the action.”

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(Id.).

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Rule 41(a)(1)(A)(ii) in pertinent part provides that, “the plaintiff may dismiss an action

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without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.”

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A voluntary stipulation pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action between

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The parties have consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c)(1). (Doc. No. 9).
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the parties without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs,

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637 F. App’x 488 (9th Cir. 2016) (citations omitted). Here, the parties have signed and dated the

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Stipulation to dismiss this action.

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Accordingly, the Clerk of Court shall terminate all pending motions and deadlines and

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CLOSE this action to reflect the parties stipulated dismissal of this action with prejudice pursuant

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to Rule 41(a)(1)(A)(ii).

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Dated:

July 13, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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