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Azua v. City of Parlier

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Nov 3, 2015
CASE NO. 1:14-CV-198 AWI SMS (E.D. Cal. Nov. 3, 2015)

Opinion

CASE NO. 1:14-CV-198 AWI SMS

11-03-2015

NORBERTO AZUA, JR., Plaintiff, v. CITY OF PARLIER, et al., Defendants.


ORDER CLOSING CASE IN LIGHT OF STIPULATION FOR DISMISSAL WITH PREJUDICE

(Doc. No. 35)

On November 2, 2015, the parties filed a stipulation for dismissal of this action with prejudice. See Doc. No. 35. The stipulation is made pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See id.

Rule 41(a)(1), in relevant part, reads:

(A) . . . 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. . . . (B) Unless the notice or stipulation states otherwise, the dismissal is without prejudice.
Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); In re Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989).

Here, all parties who have appeared in this case have signed the stipulated dismissal. Because all parties have signed the stipulated dismissal with prejudice, this case has terminated automatically. See id.

Therefore, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of the parties' properly filed and signed Rule 41(a)(1)(A)(ii) Stipulation Of Dismissal With Prejudice. IT IS SO ORDERED. Dated: November 3, 2015

/s/_________

SENIOR DISTRICT JUDGE


Summaries of

Azua v. City of Parlier

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Nov 3, 2015
CASE NO. 1:14-CV-198 AWI SMS (E.D. Cal. Nov. 3, 2015)
Case details for

Azua v. City of Parlier

Case Details

Full title:NORBERTO AZUA, JR., Plaintiff, v. CITY OF PARLIER, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Nov 3, 2015

Citations

CASE NO. 1:14-CV-198 AWI SMS (E.D. Cal. Nov. 3, 2015)