Callison v. Lopez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MICAH CALLISON, CASE NO. 1:18-CV-970 AWI Plaintiffs ORDER CLOSING CASE IN LIGHT OF STIPULATION FOR DISMISSAL v. WITHOUT PREJUDICE SAMUEL LOPEZ, et al., (Doc. No. 8) Defendants

On May 25, 2021, the parties filed a stipulation for dismissal with prejudice. See Doc. No. 8. The stipulation is signed by all parties who have appeared. See id. Rule 41(a)(1), in relevant part, reads:

(A) . . . 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. . . . (B) Unless the notice or stipulation states otherwise, the dismissal is without prejudice.

Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 25 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); In re Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989).

I Here, again all parties who have appeared in this case have signed the stipulated dismissal.

7, |See Doc. No. 8. Because the parties have signed the stipulated dismissal with prejudice, this case has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music, 727 F.3d at 362; Commercial Space, 193 F.3d at 1077. > Therefore, IT IS HEREBY ORDERED that the Clerk is to CLOSE this case in light of the ° parties’ filed and properly signed Rule 41(a)(1) stipulation of dismissal with prejudice (Doc. No. 8).

IT IS SO ORDERED.

Dated: _May 26, 2021 7 ZS 7 Cb Lec D SENIOR DISTRICT JUDGE