Willems Farms Inc v. Gabriel Farms Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

WILLEMS FARMS INC., a California No. 1:21-cv-00237-AWI-HBK Corporation,

STIPULATION OF DISMISSAL WITH

Plaintiff, PREJUDICE UNDER FED. R. CIV. P. 41

(a)(1)(A)(ii) v.

(Doc. No. 18) GABRIEL FARMS INC., an Oregon Corporation d/b/a Oregon Blueberry Farms and Nursery and ROBERT GABRIEL,

Defendants.

The parties filed a Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) on August 4, 2021. (Doc. No. 18, “Stipulation”). The Stipulation states the dismissal is with prejudice with each party bearing “its own costs and attorneys’ fees.” (Id.).

Rule 41(a)(1)(A)(ii) in pertinent part provides that, “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.” A voluntary stipulation pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action between the parties without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 637 F. App’x 488 (9th Cir. 2016) (citations omitted). Here, the parties have signed and dated the Stipulation to dismiss this action.

Accordingly, the Clerk of Court shall terminate all pending motions and deadlines and CLOSE this action to reflect the parties stipulated dismissal of this action with prejudice pursuant to Rule 41(a)(1)(AGD.

° Dated: _ August 5, 2021 Coo. Zh. Bareh Hack

HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE