Garcia v. First Advantage Corporation ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GARCIA, on behalf of himself No. 1:21-cv-00135-DAD-HBK and all others similarly situated, 12 JOINT NOTICE OF DISMISSAL WITH Plaintiff, PREJUDICE UNDER FED. R. CIV. P. 41 13 (a)(1)(A)(ii) v. 14 (Doc. No. 39) FIRST ADVANTAGE BACKGROUND 15 SERVICES CORP., 16 Defendant. 17 18 19 20 On June 2, 2022, the Parties filed a Stipulation of Dismissal pursuant to Fed. R. Civ. P. 21 41(a)(1)(A)(ii). (Doc. No. 39.) The Stipulation states the dismissal is with prejudice and “each 22 side [is] to bear its own attorneys’ fees and costs.” (Id.) 23 Rule 41(a)(1)(A)(ii) in pertinent part provides that, “the plaintiff may dismiss an action 24 without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.” 25 A voluntary stipulation pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action between 26 the parties without operation of a court order. Black Rock City, LLC v. Pershing Cty. Bd. of Comm’rs, 27 637 F. App’x 488 (9th Cir. 2016) (citations omitted). Here, the parties have signed and dated the 28 Stipulation to dismiss this action. 1 ACCORDINGLY, the Clerk of Court shall terminate all pending motions and deadlines 2 | and CLOSE this action to reflect the parties’ Stipulation of Dismissal (Doc. No. 39) of this action 3 | with prejudice pursuant to Rule 41(a)(1)(A) Gi). 4 > | Dated: _ June 21,2022 lew □□ fareh Zacks 6 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28