(PC) Lewis v. Ugwueze ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DARONTA T. LEWIS, Case No. 1:20-cv-00596-SAB (PC) 11 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE PURSUANT TO 12 v. PARTIES’ STIPULATION FOR VOLUNTARY DISMISSAL, AND 13 DR. KOKOR, TERMATING MOTION TO DISMISS AS 14 Defendant. MOOT 15 (ECF Nos. 182, 184) 16 17 18 On October 27, 2022, the instant action filed by Plaintiff under 42 U.S.C. § 1983, along 19 case numbers 1:20-cv-000574 JLT HBK and 2:21-cv-00932 TLN EFB, were settled and the 20 terms and conditions were placed on the record. (ECF No. 179.) 21 On November 17, 2022, Plaintiff filed a motion to dismiss the settlement, which is self- 22 dated November 11, 2022. (ECF No. 182.) 23 On December 1, 2022, the parties filed a stipulation to dismiss this action with prejudice 24 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, as the case has been 25 resolved in its entirety, which is dated by Plaintiff on November 14, 2022. (ECF No. 184.) 26 Rule 41(a)(1)(A)(ii) provides in pertinent part that, “the plaintiff may dismiss an action 27 without a court order by filing . . . a stipulation of dismissal signed by all parties who have 1 | appeared. A voluntary stipulation to dismiss an action pursuant to Rule 41(a)(1)(A)Gi) 2 | automatically terminates the action without operation of a court order.” Black Rock City, LLC v. 3 | Pershing Cty. Bd. of Comm’rs, 637 F. App’x 488 (9th Cir. 2016) (citing Commercial Space 4 | Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999)). Here, Plaintiff and counsel for 5 | Defendant have signed and dated a stipulation to dismiss this action, and filed it with the Court. 6 | Such stipulation post-dates Plaintiff's motion to dismiss the settlement and therefore the Court 7 | finds that Plaintiff has willingly and voluntarily stipulated to dismiss this action pursuant to the 8 | settlement terms placed on the record on October 27, 2022.! 9 In light of parties’ stipulation for voluntary dismissal, this action is terminated by 10 | operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(i). Each party 11 | is to bear its own litigation costs and attorney’s fees. The Clerk of the Court is directed to 12 | terminate all pending motions and deadlines and close this action. 13 14 IT IS SO ORDERED. DAM Le 15 | Dated: _ December 5, 2022 ; 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 | \ This finding is supported by the fact that on November 28, 2022, Plaintiff also filed a motion to dismiss the settlement in case number 2:21-cv-00932 TLN EFB, which was withdrawn by Plaintiff, and the case was dismissed 28 | with prejudice on December 2, 2022. (See Case No. 2:21-cv-00932 TLN EFB, ECF Nos. 102, 103.)