Gatlin v. McDonald et al

Filing 19

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/28/16 ORDERING that all dates in this matter are VACATED; this action is DISMISSED in its entirety and with prejudice as to all defendants; each side shall bear its own fees and costs; and Judgment shall be entered for defendants. CASE CLOSED (Benson, A)

1 PHILLIP A. TALBERT
United States Attorney
2 GREGORY T. BRODERICK
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATISHA GATLIN,
Plaintiff,

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CASE NO. 2:15-CV-00377-JAM-CKD

v.
ROBERT MCDONALD, SECRETARY OF
THE DEPARTMENT OF VETERANS
AFFAIRS; ET AL.,
Defendants.

STIPULATION TO DISMISS ACTION AND
ORDER ENTERING JUDGMENT FOR
DEFENDANTS

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Natisha Gatlin and

16 Defendant Robert McDonald, Secretary of the Department of Veterans Affairs, hereby stipulate to
17 dismissal of this action in its entirety against all defendants with prejudice, each party to bear its own
18 costs, and request that the Court order judgment entered for defendants pursuant to that dismissal.
19 Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides for voluntary dismissal of an action by the
20 Plaintiff without a court order upon filing of a stipulation signed by all parties who have appeared.1 This
21 stipulation is signed by all parties who have appeared. An order recognizing the dismissal and ordering
22 the entry of judgment is attached for administrative convenience, and the parties stipulate to its adoption.
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Rule 41 provides:

(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute,
the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary
judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.
Stipulation and [Proposed] Order to Dismiss

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1 Respectfully submitted,
PHILLIP A. TALBERT
United States Attorney

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4 Dated: December 28, 2016

By:

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/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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BENJAMIN LAW GROUP, P.C.

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8 Dated: December 28, 2016

By:

/s/ Na’il Benjamin (authorized 12/28/2016)
Attorney for Plaintiff Natisha Gatlin

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ORDER

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Based on the parties’ stipulation, and pursuant to Federal Rule of Civil Procedure 41(a), IT IS

13 HEREBY ORDERED THAT:
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1. All dates in this matter are hereby vacated;

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2. This action is dismissed in its entirety and with prejudice as to all defendants;

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3. Each side shall bear its own fees and costs; and

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4. Judgment shall be entered for defendants.

18 IT IS SO ORDERED.
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20 Date: 12/28/2016
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/s/ John A. Mendez____________
HON. JOHN A. MENDEZ
United States District Court Judge

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Stipulation and [Proposed] Order to Dismiss

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