1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JOHN MARKLE, Case No. 1:23-cv-01708-KES-EPG 11 Plaintiff, ORDER DIRECTING DEFENDANT CITY OF LIVINGSTON TO SUBMIT FILING 12 v. REGARDING STIPULATION OF DISMISAL 13 CITY OF LIVINGSTON, et al., (ECF No. 15) 14 Defendants. 15 16 On February 10, 2025, Plaintiff John Markle and Defendant Vanessa L. Portillo filed a 17 stipulation of dismissal with prejudice of the claims against these Defendant Portillo under 18 Federal Rule of Civil Procedure 41(a)(1)(A)(ii). However, because Rule 41(a)(1)(A)(ii) requires 19 a stipulation of dismissal to be “signed by all parties who have appeared,” and only Plaintiff and 20 Defendant Portillo have signed the stipulation, the Court will require the remaining Defendants in 21 the case who have appeared—the City of Livingston—to submit a filing approving or opposing 22 the stipulation of dismissal. See Thacker v. AT&T Corp., No. 2:20-CV-00255-KJM-CKD PS, 23

, at *1 (E.D. Cal. May 5, 2021), report and recommendation adopted, 2021

(E.D. Cal. Sept. 14, 2021) (noting that court was “unaware of any case waiving the 25 requirement that the stipulation . . . must be made by all parties who have appeared” and that 26 “[t]he requirement to obtain all parties’ consent to voluntarily dismiss (without a court order) is 27 intended to ensure that a voluntary dismissal of a party at later stages of the litigation does not 28 cause plain legal prejudice to the party to be dismissed or to the remaining defendant(s)”). 1 Accordingly, IT IS ORDERED as follows: 2 1. By no later than February 18, 2025, Defendant City of Livingston shall file a signed 3 document reflecting their approval of the stipulation of dismissal (ECF No. 15) or file a 4 response opposing the stipulation of dismissal. 5 2. Alternatively, by no later than February 18, 2025, the parties may file a stipulation of 6 dismissal signed by all parties who have appeared in this action in compliance with Rule 7 41(a)(1)(A) qi). 8 IT IS SO ORDERED. 9 19 | Dated: _February 11, 2025 [leo hey □ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28