Blair v. Classic Party Rentals, Inc.

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ZACHARY BLAIR, Case No. 1:20-cv-01194-DAD-HBK Plaintiff, JOINT STIPULATION FOR VOLUNTARY DISMISSAL UNDER FED. R. CIV. P. v. 41(a)(1)(A)(ii) AS TO DEFENDANT INSPERITY

CLASSIC PARTY RENTALS, INC., ET.

AL., (Doc. No. 37)

Defendants.

Plaintiff filed this putative class action complaint, which was removed to this court on August 24, 2020. (Doc. No. 1). On August 3, 2021, Defendant Insperity PEO Services, L.P. (“Insperity”) and Plaintiff filed a Joint Stipulation to Voluntarily Dismiss All Claims Without Prejudice of the Putative Class Claims and With Prejudice of Plaintiff’s Individual Claims Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Doc. No. 37 at 2, “Notice”).

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, Plaintiff and ee een eee I II INE IE IE IIE II IE ESE

Defendant Insperity, who has entered an appearance, signed and dated the Joint Stipulation to dismiss this action. (Doc. No. 37 at 2-3).

Accordingly, the Clerk of Court shall terminate all pending motions and deadlines as to Defendant Insperity! and notate the docket to reflect the action is dismissed with prejudice as to Plaintiff's individual claims and dismissed without prejudice as to Plaintiffs putative class claims pursuant to Fed. R. Civ. P. 41(a)(1)(A)Qii) as to Defendant Insperity.

| Dated: _ August 9, 2021 Mile. Th fareh Hack HELENA M. BARCH-KUCHTA

UNITED STATES MAGISTRATE JUDGE

23. _ A ‘Plaintiff previously filed a Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(1)(A)() as to the Defendant Apollo Entities. (Doc. Nos. 32, 35). Neither the former Voluntary Dismissal (Doc. No. 32) nor the instant Voluntary Dismissal (Doc. No. 37) appear to dismiss Defendants Classic Party Rentals, Inc., CP OPOCO, LLC., Bright Event Rentals, LLC, and Hartmann Studios, Inc., who have not yet entered an appearance. Thus this case cannot be closed and remains open.