Brooke v. Wave Crest Resorts III LLC

Filing 7

ORDER Re: Dismissal [Doc. No. 6 ]. Pursuant to the stipulation and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action has been DISMISSED with prejudice and with each party bearing its own costs and attorneys' fees. The Court DIRECTS the Clerk of Court to terminate this action in its entirety. Signed by Judge Michael M. Anello on 9/9/2020. (tcf)

Case 3:20-cv-01218-MMA-AGS Document 7 Filed 09/09/20 PageID.36 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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THERESA BROOKE,

Case No. 20-cv-1218-MMA (AGS)
Plaintiff,

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v.

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ORDER RE: DISMISSAL

WAVE CREST RESORTS III LLC,

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[Doc. No. 6]

Defendant.

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The parties have filed a “Stipulation of Dismissal with Prejudice” agreeing to

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dismissal of this action. See Doc. No. 6. Pursuant to the stipulation and Federal Rule of

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Civil Procedure 41(a)(1)(A)(ii), this action has been DISMISSED with prejudice and

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with each party bearing its own costs and attorneys’ fees. See Commercial Space Mgmt.

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Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999) (“[O]nce a notice of voluntary

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dismissal is filed, the district court in which the action is pending loses jurisdiction and

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cannot exercise discretion with respect to the terms and conditions of the dismissal.”); see

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also Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001)

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(quoting Pedrina v. Chun, 987 F.2d 608, 610 (9th Cir. 1993)) (“The [filing of a Rule

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41(a)(1)(i) notice] itself closes the file.”); Acosta v. Lopez, No. 1:18-cv-00625-AWI1
20-cv-1218-MMA (AGS)

Case 3:20-cv-01218-MMA-AGS Document 7 Filed 09/09/20 PageID.37 Page 2 of 2

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SKO, 2019 WL 5536321, at *1 (E.D. Cal. Oct. 25, 2019) (“Once the stipulation between

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the parties who have appeared is properly filed or made in open court, no order of the

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court is necessary to effectuate dismissal. Case law concerning stipulated dismissals

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under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of dismissal is

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effective automatically and does not require judicial approval.”); Milton v. Lawton, No.

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1:04-cv-05556-AWI-WMW, 2009 WL 530909, at *1 (E.D. Cal. Mar. 3, 2009) (same).

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The Court DIRECTS the Clerk of Court to terminate this action in its entirety.

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IT IS SO ORDERED.

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Dated: September 9, 2020

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20-cv-1218-MMA (AGS)