(Consent) Murillo v. City of Woodland et al

Filing 90

ORDER DISMISSING CASE signed by Magistrate Judge Kendall J. Newman on 7/8/11. The parties shall bear their own costs and attorneys' fees. CASE CLOSED pursuant to FRCP 41(a)(1)(A)(ii). (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESIREE MURILLO,
Plaintiff,

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No. 2:09-cv-03117 KJN

v.
CITY OF WOODLAND; RYAN
PIERCY; CASEY SULLIVAN;
and DOES 1 to 40, Inclusive,
Defendants.

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ORDER
/

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On July 8, 2011, the parties filed a Stipulation of Dismissal and [Proposed]

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Order.1 (Dkt. No. 89.) Although the parties’ stipulation of dismissal was effective upon filing

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and without a court order pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii),2 for the

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sake of clarity IT IS HEREBY ORDERED that:
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Pursuant to the parties’ stipulation of dismissal, which is signed by all of

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The parties’ stipulation represents that the voluntary dismissal is pursuant to “FRCP
41(a)(I)(ii).” No such sub-section exists within Federal Rule of Civil Procedure 41(a). It appears
that the parties intend to dismiss this case by stipulation pursuant to Federal Rule of Civil
Procedure 41(a)(1)(A)(ii).
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See also Eitel v. McCool, 782 F.2d 1470, 1473 n.4 (9th Cir. 1986); cf. United States v.
Real Property Located at 475 Martin Lane, Beverly Hills, CA, 545 F.3d 1134, 1145-46 (9th Cir.
2008) (addressing the self-executing nature of dismissals under Rule 41(a)(1)(A)(i)).
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the parties, this case is dismissed with prejudice.

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The parties shall bear their own respective costs and attorneys’ fees.

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The Clerk of Court is directed to close this case.

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IT IS SO ORDERED.

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DATED: July 8, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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