Opinion
2:23-cv-00358-BLW
05-22-2024
AUSTIN CHANCE EVANS, Plaintiff, v. MEGANN NICOLE MCALLISTER, Defendant.
ORDER RE: STIPULATION OF DISMISSAL
B. Lynn Winmill U.S. District Court Judge
Pursuant to the Stipulation of Dismissal of this action pursuant to F.R.C.P. 41(a)(1)(A), signed by all parties who have appeared in this action (Dkt. 58), the above-captioned action is automatically terminated in its entirety with prejudice. See Fed.R.Civ.P. 41(a)(1)(A); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) (dismissal under Rule 41(a)(1)(A) is automatic, without court order).
It appears that the Settlement Agreement contemplates the dismissal of all litigation between the parties in this District. See Dkt. 58, Ex. A. However, the joint stipulation only refers to “the case.” Therefore, if the parties wish to dismiss any of the other lawsuits, a similar motion must be filed in each matter.