Alejandrina Ortiz v. BBVA Compass Financial Corporation ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEJANDRINA ORTIZ, No. 1:20-cv-00309-NONE-SKO 12 Plaintiff, 13 v. ORDER DIRECTING CLERK TO ASSIGN A DISTRICT JUDGE TO THIS MATTER AND 14 BBVA COMPASS FINANCIAL CLOSE THE CASE CORPORATION, 15 (Doc. 22) Defendant. 16 17 18 On March 12, 2021, the parties filed a joint stipulation, signed by all who have appeared, 19 that this action be dismissed with prejudice. (Doc. 22.) 20 In relevant part, Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure provides as 21 follows: 22 [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 23 summary judgment; or (ii) a stipulation of dismissal signed by all parties who have 24 appeared. 25 Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after 26 service of an answer, by filing a written stipulation to dismiss signed by all the parties who have 27 appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 28 F.2d 1470, 1472-73 (9th Cir. 1986). 1 Once the stipulation between the parties who have appeared is properly filed or made in 2 open court, no order of the court is necessary to effectuate dismissal. Case law concerning 3 stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of 4 dismissal is effective automatically and does not require judicial approval. Commercial Space 5 Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). Because the parties have filed a 6 stipulation for dismissal of this case with prejudice that is signed by all who have made an 7 appearance, this case has terminated. Fed. R. Civ. P. 41(a)(1)(A)(ii). 8 Based on the foregoing, IT IS HEREBY ORDERED that the Clerk of Court SHALL 9 assign a district judge to this matter and thereafter CLOSE the case. 10 IT IS SO ORDERED. 11 Sheila K. Oberto 12 Dated: March 15, 2021 /s/ . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28