Bernal v. Graham Packaging Pet Technologies Inc. ( 2021 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 SUAVECITA BERNAL, individually and CASE NO. 1:20-CV-1045 AWI EPG on behalf of other members of the general 9 public similarly situated, ORDER CLOSING CASE IN LIGHT OF STIPULATION FOR DISMISSAL 10 Plaintiffs 11 v. (Doc. No. 20) 12 GRAHAM PACKAGING PET TECHNOLOGIES, INC., et al., 13 Defendants 14 15 16 On May 27, 2021, the parties filed a joint stipulation to dismiss this matter. See Doc. No. 17 20. The stipulation provides that all purely individual capacity claims of Plaintiff Bernal be 18 dismissed with prejudice, and all other claims be dismissed without prejudice. See id. The 19 stipulation is signed by all parties and invokes Federal Rule of Civil Procedure 41(a)(1)(A)(ii). 20 Rule 41(a)(1), in relevant part, reads: 21 (A) . . . the plaintiff may dismiss an action without a court order by filing: (i) a 22 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 23 have appeared. . . . (B) Unless the notice or stipulation states otherwise, the dismissal is without prejudice. 24 Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not 25 26 require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood 27 Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 28 I 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); In re 2, | Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989). 3 Here, because all appearing parties have signed the stipulated dismissal, this case has 4 | terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music, 727 F.3d at 362; 5 Commercial Space, 193 F.3d at 1077. The individual claims of Plaintiff Bernal have terminated ° with prejudice and all other claims have terminated without prejudice. The Court will order the Clerk to close this case in light of the automatic termination effected through the parties’ 9 stipulation. 10 Therefore, IT IS HEREBY ORDERED that the Clerk is to CLOSE this case in light of the 11 | parties’ filed and properly signed Rule 41(a)(1)(A)(i1) stipulation of dismissal with the individual 12 | claims of Plaintiff Bernal being dismissed with prejudice and all other claims being dismissed 13 without prejudice (Doc. No. 20). 14 15 16 IT IS SO ORDERED. 7 |Dated: _ May 28, 2021 7 ZS 7 Cb Lec SENIOR DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28