(SS) Bruce v. Commissioner of Social Security ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 SCOTT JAMES BRUCE, No. 1:20-cv-00585-SKO 7 8 Plaintiff, ORDER DIRECTING CLERK OF COURT 9 v. TO CLOSE CASE 10 ACTING COMMISSIONER OF (Doc. 21) SOCIAL SECURITY, 11 Defendant. 12 13 14 On September 13, 2021, the parties filed a joint stipulation of dismissal, with prejudice. 15 (Doc. 21.) Federal Rule of Civil Procedure 41(a)(1)(A) provides: 16 [T]he plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an 17 answer to a motion for summary judgment, or (ii) a stipulation of 18 dismissal signed by all parties who have appeared. 19 Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after 20 service of an answer, by filing a written stipulation to dismiss signed by all of the parties who 21 have appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 22 782 F.2d 1470, 1472-73 (9th Cir. 1986). 23 Once the stipulation between the parties who have appeared is properly filed or made in 24 open court, no order of the court is necessary to effectuate dismissal. Case law concerning 25 stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of 26 dismissal is effective automatically and does not require judicial approval. Commercial Space 27 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). 28 1 Because the parties have filed a stipulation for dismissal of this case with prejudice under 2 Rule 41(a)(1)(A)(ii) that is signed by all parties who have made an appearance, this case has 3 terminated. Fed. R. Civ. P. 41(a)(1)(A)(ii). Accordingly, IT IS HEREBY ORDERED that the 4 Clerk of Court close this case. 5 IT IS SO ORDERED. 6 7 Dated: September 14, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28