Opinion
Case No.: 1:12-cv-00865 - JLT
04-18-2013
R.R., by and through his guardian ad litem, JASMINE ROESING, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS ACTION PURSUANT TO THE
PARTIES' RULE 41(a) STIPULATION OF
DISMISSAL
Plaintiff R.R., by and through his guardian ad litem Jasmine Roesing, and Defendant Carolyn Colvin, Acting Commissioner of Social Security, filed a stipulation to dismiss the action with prejudice on April 17, 2013. (Doc. 21).
Under the Federal Rules of Civil Procedure, "the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not required to effectuate the dismissal. Fed. R. Civ. Pro. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
In this case, both parties have signed the stipulation, which "automatically terminate[d] the action," without Court order. Wilson, 111 F.3d at 692.
Based upon the foregoing, IT IS HEREBY ORDERED:
1. Plaintiff's Complaint is DISMISSED WITH PREJUDICE;IT IS SO ORDERED.
2. Each party shall bear its own fees, costs, and expenses; and
3. The Clerk of Court is DIRECTED to close this action in light of the stipulation of dismissal filed and properly signed by the parties pursuant to Rule 41(a).
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE