Mesa Underwriters Specialty Insurance Company v. Saeed ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MESA UNDERWRITERS SPECIALTY Case No. 1:22-cv-01440-JLT-CDB INSURANCE COMPANY, 12 ORDER DIRECTING CLERK OF COURT TO Plaintiff, CLOSE CASE AND ADJUST THE DOCKET 13 TO REFLECT VOLUNTARY DISMISSAL 14 v. PURSUANT TO RULES 41(a)(1)(A)(i) & (ii) OF THE FEDERAL RULES OF CIVIL 15 MUNEER SAEED, et al. PROCEDURE 16 Defendants. (Docs. 28, 30) 17 18 On May 4, 2023, Plaintiff Mesa Underwriters Specialty Insurance Company (“Plaintiff”) 19 filed a notice of settlement in which it represented “the parties” had reached a global settlement. 20 (Doc. 26). On May 8, 2023, the Court directed the parties to file dispositional documents within 21 sixty (60) days. (Doc. 27). On July 5, 2023, Plaintiff and Defendant Geronimo Gonzales filed a 22 stipulation for voluntary dismissal with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). 23 (Doc. 28). Thereafter, on July 10, 2023, Plaintiff filed a notice of voluntary dismissal with 24 prejudice as to Defendant Muneer Saeed, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). (Doc. 30). 25 Pursuant to Rule 41(a), a plaintiff may dismiss an action without court order in one of two 26 ways: (1) by filing a notice of dismissal before the opposing party serves either an answer or a 27 motion for summary judgment, or (2) by stipulation of all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(i) &(ii). Voluntary dismissal under this rule requires no action on the part of 1 | the court. See United States v. 475 Martin Lane, 545 F.3d 1134, 1145 (9th Cir. 2008) (voluntary 2 | dismissal pursuant to Rule 41(a)(1)(A)() is self-executing and requires no further action by 3 | court). 4 In this case, the stipulation of dismissal as to Plaintiff and Defendant Gonzales is 5 || consistent with Federal Rule of Civil Procedure 41(a)(1)(A)Gi). Further, because the other named 6 | Defendant (Muneer Saeed) has neither answered nor filed a motion for summary judgment, 7 | Plaintiff’s notice of dismissal as to Defendant Saeed is consistent with Rule 41(a)(1)(A)G). Thus, 8 | Plaintiffs stipulated dismissal and later notice of dismissal were effective upon their filing and 9 | without a court order. 10 Accordingly, the Clerk of the Court is HEREBY DIRECTED to CLOSE the file in this 11 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 12 | 41(a)dy(A)@) & Gi). 13 | IT IS SO ORDERED. 1 Dated: _ July 11, 2023 | br 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28