Blair v. Classic Party Rentals, Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZACHARY BLAIR, Case No. 1:20-cv-01194-DAD-HBK 12 Plaintiff, JOINT STIPULATION FOR VOLUNTARY DISMISSAL UNDER FED. R. CIV. P. 13 v. 41(a)(1)(A)(ii) AS TO DEFENDANT INSPERITY 14 CLASSIC PARTY RENTALS, INC., ET. AL., (Doc. No. 37) 15 Defendants. 16 17 18 Plaintiff filed this putative class action complaint, which was removed to this court on 19 August 24, 2020. (Doc. No. 1). On August 3, 2021, Defendant Insperity PEO Services, L.P. 20 (“Insperity”) and Plaintiff filed a Joint Stipulation to Voluntarily Dismiss All Claims Without 21 Prejudice of the Putative Class Claims and With Prejudice of Plaintiff’s Individual Claims 22 Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Doc. No. 37 at 2, “Notice”). 23 Rule 41(a)(1)(A)(ii) in pertinent part provides that, “the plaintiff may dismiss an action 24 without a court order by filing . . . a stipulation of dismissal signed by all parties who have 25 appeared.” A voluntary stipulation pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the 26 action between the parties without operation of a court order. Black Rock City, LLC v. Pershing 27 Cty. Bd. of Comm’rs, 637 F. App’x 488 (9th Cir. 2016) (citations omitted. Here, Plaintiff and 28 ee een eee I II INE IE IE IIE II IE ESE 1 | Defendant Insperity, who has entered an appearance, signed and dated the Joint Stipulation to 2 | dismiss this action. (Doc. No. 37 at 2-3). 3 Accordingly, the Clerk of Court shall terminate all pending motions and deadlines as to 4 || Defendant Insperity! and notate the docket to reflect the action is dismissed with prejudice as to 5 | Plaintiff's individual claims and dismissed without prejudice as to Plaintiffs putative class claims 6 | pursuant to Fed. R. Civ. P. 41(a)(1)(A)Qii) as to Defendant Insperity. 4 | Dated: _ August 9, 2021 Mile. Th fareh Hack 9 HELENA M. BARCH-KUCHTA 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23. _ A ‘Plaintiff previously filed a Voluntary Dismissal Under Fed. R. Civ. P. 41(a)(1)(A)() as to the 26 | Defendant Apollo Entities. (Doc. Nos. 32, 35). Neither the former Voluntary Dismissal (Doc. No. 32) nor the instant Voluntary Dismissal (Doc. No. 37) appear to dismiss Defendants Classic Party 27 | Rentals, Inc., CP OPOCO, LLC., Bright Event Rentals, LLC, and Hartmann Studios, Inc., who 28 have not yet entered an appearance. Thus this case cannot be closed and remains open.