Doctors Medical Center of Modesto, Inc. v. Global Excel Management, Inc. ( 2020 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 DOCTORS MEDICL CENTER OF CASE NO. 1:20-CV-1425 AWI BAM MODESTO, INC., 9 ORDER CLOSING CASE IN LIGHT OF Plaintiff STIPULATION FOR DISMISSAL WITH 10 PREJUDICE v. 11 GLOBAL EXCEL MANAGEMENT, et. (Doc. No. 10) 12 al, 13 Defendants 14 15 On December 16, 2020, the parties filed an amended stipulation to dismiss this case with 16 prejudice, but with a request for the Court to retain jurisdiction. See Doc. No. 10. The stipulation 17 is made pursuant to Federal Rule of Civil Procedure 41(a)(i)(A)(ii). See id. 18 Rule 41(a)(1), in relevant part, reads: 19 (A) . . . the plaintiff may dismiss an action without a court order by filing: (i) a 20 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 21 have appeared. . . . (B) Unless the notice or stipulation states otherwise, the dismissal is without prejudice. 22 Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not 23 24 require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood 25 Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 26 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); In re 27 Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989). 28 I Here, again all parties who have appeared in this case have signed the stipulated dismissal. 2, |See Doc. No. 49. Because all appearing parties have signed the stipulated dismissal with 3 | prejudice, this case has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music, F.3d at 362; Commercial Space, 193 F.3d at 1077. > Therefore, IT IS HEREBY ORDERED that the Clerk is to CLOSE this case in light of the ° parties’ filed and properly signed Rule 41(a)(1)(A)(1) Stipulation Of Dismissal with prejudice, but as stipulated by the parties, the Court will retain jurisdiction in order to enforce, if necessary, the 9 terms of the settlement agreement. 10 11 IS SO ORDERED. 12 Dated: _ December 28, 2020 : 3 "SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28