Equal Employment Opportunity Commission v. BNSF Railway Company

Filing 209

ORDER denying Movant Washington Employment Lawyers Association's 205 Motion to Appear as Amicus Curiae. Signed by Judge Marsha J. Pechman. (PM)

Case 2:14-cv-01488-MJP Document 209 Filed 06/24/20 Page 1 of 2

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

11
Plaintiff,

CASE NO. C14-1488 MJP
ORDER ON MOTION TO APPEAR
AS AMICUS CURIAE

12
v.
13
BNSF RAILWAY COMPANY,
14
Defendant.
15
16
17
18
19
20
21
22
23

The Court has received and reviewed the Motion to Appear as Amicus Curiae by the
Washington Employment Lawyers Association (Dkt. No. 205) and Defendant’s response (Dkt.
No. 208), as well as relevant portions of the record.
IT IS ORDERED that the motion is DENIED.
The day after the amicus motion was filed, the parties filed a stipulation of dismissal of
this action with prejudice. Dkt. No. 207. The effect of that dismissal pursuant to FRCP
41(a)(1)(A)(ii), “without court order,” was to automatically terminate the action and deprive this
Court of further jurisdiction to act in the matter. “[O]nce a notice of voluntary dismissal is filed,

24

ORDER ON MOTION TO APPEAR AS AMICUS CURIAE - 1

Case 2:14-cv-01488-MJP Document 209 Filed 06/24/20 Page 2 of 2

1

the district court in which the action is pending loses jurisdiction and cannot exercise discretion

2

with respect to the terms and conditions of dismissal.” Commercial Space Mgmt. Co., Inc. v.

3

The Boeing Co., Inc., 193 F.3d 1074, 1076 (9th Cir. 1999). That loss of jurisdiction includes the

4

discretion to allow the intervention of new parties.

5
6

The clerk is ordered to provide copies of this order to all counsel.

7

Dated June 24, 2020.

8
9
10

A
Marsha J. Pechman
United States Senior District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24

ORDER ON MOTION TO APPEAR AS AMICUS CURIAE - 2