Escobedo v. Vides Guardado ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ESCOBEDO, Case No. 1:23-cv-00329-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE 13 v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) 14 MARIA GLORIBEL VIDES GUARDADO, OF THE FEDERAL RULES OF CIVIL et al., PROCEDURE 15 Defendants. (ECF Nos. 23, 25) 16 17 On September 6, 2023, a stipulation was filed by the appearing Defendants, dismissing 18 this action with prejudice and with each party to bear its own costs and fees. (ECF No. 23.) The 19 filed stipulation did not specifically state whether the claims against the non-appearing and 20 defaulted Defendant were to be dismissed with prejudice as well. On September 8, 2023, 21 Plaintiff filed a notice of dismissal indicating that Defendant Maria Gloribel Vides Guardado 22 Doing business as Mariscos El Patron Mexican Food is also dismissed from this action with 23 prejudice. (ECF No. 25.) 24 Under Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, ‘a plaintiff has an 25 absolute right to voluntarily dismiss his action prior to service by the defendant of an answer or a 26 motion for summary judgment.’ ” Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 27 F.3d 1074, 1077 (9th Cir. 1999) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). Additionally, Federal Rule of Civil Procedure 41(a)(1)(A)(ii) provides that a “plaintiff 1 | may dismiss an action without a court order by filing a stipulation of dismissal signed by all 2 | parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(i1). 3 In light of the stipulation of the parties and notice of dismissal, this action has been 4 | terminated, Fed. R. Civ. P. 41(a)(1)(A)G@)-Gi); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th 5 | Cir. 1997), and has been dismissed with prejudice and without an award of costs or attorneys’ 6 | fees. 7 8 IT IS SO ORDERED. DAA (e_ 9 | Dated: _September 11, 2023 _ ef 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28