Primavera v. The Bank of Missouri et al

Filing 34

ORDER signed by Magistrate Judge Erica P. Grosjean on November 13, 2023, as follows: 1. By no later than November 20, 2023, Defendant Bank of Missouri shall file a signed document reflecting its approval of the stipulation of dismissal (ECF No. [32 ]) or file a response opposing the stipulation of dismissal. 2. Alternatively, by no later than November 20, 2023, the parties may file a stipulation of dismissal signed by all parties who have appeared in this action in compliance with Rule 41(a)(1)(A)(ii).(Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA PRIMAVERA,

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Plaintiff,

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v.

Case No. 1:23-cv-00233-ADA-EPG
ORDER RE: STIPULATION FOR
DISMISSAL WITH PREJUDICE OF
DEFENDANT EQUIFAX INFORMATION
SERVICES, LLC ONLY

THE BANK OF MISSOURI, et al.,
(ECF No. 32)
Defendants.

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On November 8, 2023, Plaintiff Cynthia Primavera and Defendant Equifax Information
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Services, LLC (Equifax) filed a stipulation of dismissal with prejudice of the claims against
Equifax under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each party to bear its own
costs and attorney fees. (ECF No. 32). However, because Rule 41(a)(1)(A)(ii) requires a

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stipulation of dismissal to be “signed by all parties who have appeared,” and only Plaintiff and

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Equifax have signed the stipulation, the Court will require the remaining Defendant in the case

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who has appeared—The Bank of Missouri—to submit a filing approving or opposing the

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stipulation of dismissal. See Thacker v. AT&T Corp., No. 2:20-CV-00255-KJM-CKD PS, 2021

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WL 1784873, at *1 (E.D. Cal. May 5, 2021), report and recommendation adopted, 2021 WL

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4168533 (E.D. Cal. Sept. 14, 2021) (noting that court was “unaware of any case waiving the

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requirement that the stipulation . . . must be made by all parties who have appeared” and that

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“[t]he requirement to obtain all parties’ consent to voluntarily dismiss (without a court order) is
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intended to ensure that a voluntary dismissal of a party at later stages of the litigation does not

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cause plain legal prejudice to the party to be dismissed or to the remaining defendant(s)”).

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Accordingly, IT IS ORDERED as follows:
1. By no later than November 20, 2023, Defendant Bank of Missouri shall file a signed
document reflecting its approval of the stipulation of dismissal (ECF No. 32) or file a
response opposing the stipulation of dismissal.
2. Alternatively, by no later than November 20, 2023, the parties may file a stipulation of
dismissal signed by all parties who have appeared in this action in compliance with Rule
41(a)(1)(A)(ii).
IT IS SO ORDERED.

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Dated:

November 13, 2023

/s/
UNITED STATES MAGISTRATE JUDGE

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