(PC) Bahena v. Rohrdanz ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ESMELING L. BAHENA, Case No. 1:20-cv-00618-NONE-SKO (PC) 12 Plaintiff, 13 v. ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE 14 D. ROHRDANZ, 15 Defendant. 16 17 The parties have filed a stipulation of dismissal with prejudice pursuant to Federal Rule of 18 Civil Procedure 41(a)(1). (Doc. 38.) The rule provides that a “plaintiff may dismiss an action 19 without a court order by filing . . . a stipulation of dismissal signed by all parties who have 20 appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Once a stipulation under Rule 41(a)(1) is properly 21 filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective 22 automatically. See Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). 23 Because the parties have filed a stipulation of dismissal, signed by all parties or their 24 counsel of record, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the 25 Court to close this case. 26 /// 27 /// /// 1 As set forth on the record during the settlement conference held on May 6, 2021, and 2 pursuant to the parties’ stipulation, (Doc. 38 at 2), the Court retains jurisdiction over the parties’ 3 settlement agreement to enforce its terms, including consideration of any motion related thereto, 4 (see Doc. 37). 5 IT IS SO ORDERED. 6 Sheila K. Oberto 7 Dated: June 22, 2021 /s/ . UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27