Wonderful Real Estate Development LLC v. Laborers International Union of North America Local 220 ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WONDERFUL REAL ESTATE No. 1:19-cv-00416-NONE-SKO DEVELOPMENT LLC, 12 Plaintiff, 13 ORDER DIRECTING CLERK TO ASSIGN A v. DISTRICT JUDGE TO THIS MATTER AND 14 CLOSE THE CASE THE LABORERS INTERNATIONAL 15 UNION OF NORTH AMERICA LOCAL (Doc. 66) 220, et al., 16 Defendants. 17 18 19 20 On March 6, 2020, the parties filed a stipulation, signed by all parties who have appeared, 21 that the action be disposed of pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil 22 Procedure as follows: (1) dismissal with prejudice of all causes of action as to Defendants 23 Alexander B. Cvitan, Jon P. Preciado, Ernesto J. Ordonez, and Sergio Rascon; (2) dismissal with 24 prejudice of Plaintiff's Second, Third, Fourth and Fifth Causes of Action as to Defendants 25 Laborers’ International Union of North America Local 220 and Southern California District 26 Council of Laborers; and (3) dismissal without prejudice of Plaintiff's First Cause of Action as to 27 Defendants Laborers’ International Union of North America Local 220 and Southern California 28 District Council of Laborers. (Doc. 66.) 1 In relevant part, Rule 41(a)(1)(A) provides as follows: 2 [A] plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for 3 summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. 4 Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after 5 service of an answer, by filing a written stipulation to dismiss signed by all of the parties who 6 have appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 7 782 F.2d 1470, 1472-73 (9th Cir. 1986). 8 Once the stipulation between the parties who have appeared is properly filed or made in 9 open court, no order of the court is necessary to effectuate dismissal. Case law concerning 10 stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of 11 dismissal is effective automatically and does not require judicial approval. Commercial Space 12 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed a 13 stipulation for dismissal of this case under Rule 41(a)(1)(A)(ii) that is signed by all whom have 14 made an appearance, this case has been disposed of as follows: (1) dismissal with prejudice of all 15 causes of action as to Defendants Alexander B. Cvitan, Jon P. Preciado, Ernesto J. Ordonez, and 16 Sergio Rascon; (2) dismissal with prejudice of Plaintiff's Second, Third, Fourth and Fifth Causes 17 of Action as to Defendants Laborers’ International Union of North America Local 220 and 18 Southern California District Council of Laborers; and (3) dismissal without prejudice of Plaintiff's 19 First Cause of Action as to Defendants Laborers’ International Union of North America Local 20 220 and Southern California District Council of Laborers. Accordingly, this case is terminated. 21 Based on the foregoing, IT IS HEREBY ORDERED that the Clerk of Court SHALL 22 assign a district judge to this matter and thereafter CLOSE the case. 23 24 IT IS SO ORDERED. 25 Sheila K. Oberto Dated: March 9, 2020 /s/ . 26 UNITED STATES MAGISTRATE JUDGE 27 28