Primavera v. The Bank of Missouri ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CYNTHIA PRIMAVERA, Case No. 1:23-cv-00233-ADA-EPG 11 Plaintiff, ORDER RE: STIPULATION FOR DISMISSAL WITH PREJUDICE OF 12 v. DEFENDANT EQUIFAX INFORMATION SERVICES, LLC ONLY 13 THE BANK OF MISSOURI, et al., (ECF No. 39) 14 Defendants. 15 16 17 On November 8, 2023, Plaintiff Cynthia Primavera and Defendant Equifax Information 18 Services, LLC (Equifax) filed a stipulation of dismissal with prejudice of the claims against 19 Equifax under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each party to bear its own 20 costs and attorney fees. (ECF No. 32). However, because Rule 41(a)(1)(A)(ii) requires a 21 stipulation of dismissal to be “signed by all parties who have appeared,” and only Plaintiff and 22 Equifax had signed the stipulation, the Court issued an order requiring the remaining Defendant 23 in the case who has appeared—The Bank of Missouri—to submit a filing approving or opposing 24 the stipulation of dismissal. (ECF No. 34). 25 Now before the Court is a stipulation of dismissal signed by all the parties, dismissing 26 Equifax with prejudice from this case, with each party to bear its own costs and attorney fees. 27 (ECF No. 39). In light of the parties’ stipulation, the case against only Defendant Equifax has 28 ended and is dismissed with prejudice, with each party to bear its own costs and attorney fees. See 1 | Fed. R. Civ. P. 41(a)(1)(A)G1); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 2 | Accordingly, the Clerk of Court is respectfully directed to designate on the docket that Equifax 3 | Information Services, LLC has been terminated as a defendant in this case. 4 ; IT IS SO ORDERED. 6 | — Dated: _November 21, 2023 [spe ey 7 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28