Hammock v. Jaguar Land Rover North America LLC ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONNA HAMMOCK, No. 2:19-cv-1225-KJN 11 Plaintiff, ORDER CLOSING CASE 12 v. (ECF No. 17) 13 JAGUAR LAND ROVER N/A, LLC, et al. 14 Defendants. 15 16 The Court is in receipt of the parties’ “Joint Stipulation and Proposed Order for Dismissal 17 with Prejudice.”1 (ECF No. 17). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that an 18 action may be dismissed without a court order by filing “a stipulation of dismissal signed by all 19 parties who have appeared.” “The dismissal is effective on filing[,] no court order is required[, 20 and unless] otherwise stated, the dismissal is ordinarily without prejudice to the plaintiff’s right to 21 commence another action for the same cause against the same defendants.” Concha v. London, 22 62 F.3d 1493, 1506 (9th Cir. 1995); see also United States v. Real Property Located at 475 Martin 23 Lane, Beverly Hills, CA, 545 F.3d 1134, 1145 (9th Cir. 2008) (noting that dismissal under Rule 24 41(a)(1)(A) requires no action on the part of the court and divests the court of jurisdiction once 25 the notice of voluntary dismissal is filed). 26 /// 27 1 This case proceeds before the undersigned pursuant to the consent of all parties and the district 28 court’s order reassigning the case. (See ECF Nos. 11, 12, 15.) 1 Because the stipulation to dismiss with prejudice was signed by all parties who have 2 | appeared (ECF No. 17), the dismissal is effective without need for a court order. However, for 3 | the purposes of clarity, the Court enters this order directing closure of the case. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The action is DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil 6 Procedure 41(a)(1)(A) Gi); 7 2. The pending status conference (ECF No. 14) is VACATED; 8 3. The Clerk of Court is directed to CLOSE this case. 9 | Dated: January 7, 2020 i Fens Arn 11 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 12 hamm.1225 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28