Callison v. Lopez ( 2021 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MICAH CALLISON, CASE NO. 1:18-CV-970 AWI 9 Plaintiffs ORDER CLOSING CASE IN LIGHT OF STIPULATION FOR DISMISSAL 10 v. WITHOUT PREJUDICE 11 SAMUEL LOPEZ, et al., (Doc. No. 8) 12 Defendants 13 14 15 On May 25, 2021, the parties filed a stipulation for dismissal with prejudice. See Doc. No. 16 8. The stipulation is signed by all parties who have appeared. See id. 17 Rule 41(a)(1), in relevant part, reads: 18 (A) . . . the plaintiff may dismiss an action without a court order by filing: (i) a 19 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 20 have appeared. . . . (B) Unless the notice or stipulation states otherwise, the dismissal is without prejudice. 21 Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not 22 23 require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood 24 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 26 Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989). 27 28 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 3 |has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music, 727 F.3d at 362; 4 | 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. 7 8). 9 19 |IT IS SO ORDERED. 11 |Dated: _May 26, 2021 7 ZS 7 Cb Lec D SENIOR DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28