(PC) Cabrera v. Collins

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DEMETRIO CABRERA, Case No. 1:19-cv-01341-NONE-SKO (PC) Plaintiff, v. ORDER DIRECTING THE CLERK OF

THE COURT TO CLOSE CASE

G. COLLINS, et al.,

Defendants.

The parties have filed stipulations of dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). (Docs. 42-43.) The rule provides that a “plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Once a stipulation under Rule 41(a)(1) is properly filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective automatically. See Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). Because the parties have filed stipulations of dismissal, signed by all parties or their counsel of record, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the Court to close this case.

As stated on the record during the March 11, 2021 settlement conference, the Court will retain jurisdiction over the parties’ settlement agreement to ensure that its terms are met.

IT IS SO ORDERED.

Sheila K. Oberto

Dated: March 30, 2021 /s/ .

UNITED STATES MAGISTRATE JUDGE