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DUHN OIL TOOL, INC. v. ROBBINS MYERS ENERGY SYSTEMS LP

United States District Court, E.D. California
Feb 17, 2006
Case No. CIV F-04-6010 AWI SMS, (Document #29) (E.D. Cal. Feb. 17, 2006)

Opinion

Case No. CIV F-04-6010 AWI SMS, (Document #29).

February 17, 2006

MARK D. MILLER, D. TYLER THARPE, ROBERT W. BRANCH, KIMBLE, MacMICHAEL UPTON, A Professional Corporation, Fresno, California, Attorneys for Plaintiff DUHN OIL TOOL, INC.

LOREN G. HELMREICH, BROWNING BUSHMAN, A Professional Corporation, Houston, Texas, Attorneys for Defendant ROBBINS AND MYERS ENERGY SYSTEMS LP.

CHRISTIE, PARKER HALE, LLP, Edward R. Schwartz, Pasadena, CA, Attorneys for Plaintiff.


AGREED MOTION TO DISMISS AND ORDER


AGREED MOTION TO DISMISS LAWSUIT

The parties announce that the above matter has been resolved by a Settlement Agreement. The parties jointly move to dismiss the lawsuit and ask the Court to enter the Agreed Final Judgment. In connection with the settlement of this lawsuit, neither party has admitted any wrongdoing or liability to the other party.

ORDER

The parties seek joint dismissal of this action. Rule 41(a)(1) of the Federal Rules of Civil Procedure, in relevant part, reads:

an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.

Rule 41(a)(1)(ii) thus allows the parties to dismiss an action voluntarily, after service of an answer, by filing a written stipulation to dismiss signed by all of the parties who have appeared, although an oral stipulation in open court will also suffice. Carter v. Beverly Hills Sav. Loan Asso., 884 F.2d 1186, 1191 (9th Cir. 1989); Eitel v. McCool, 782 F.2d 1470, 1472-73 (9th Cir. 1986). Once the stipulation between the parties who have appeared is properly filed or made in open court, no order of the court is necessary to effectuate dismissal. Fed.R.Civ.Pro. 41(a)(1)(ii); Eitel, 782 F.2d at 1473 n. 4. Because Plaintiff has filed a motion for dismissal as to all parties under Rule 41(a)(1)(ii) that is signed by all parties who have made an appearance, this case has terminated. See Fed.R.Civ.Pro. 41(a)(1)(ii); In re Wolf, 842 F.2d at 466; Gardiner, 747 F.2d at 1189.

Therefore, IT IS HEREBY ORDERED that:

1. The parties joint motion for dismissal is GRANTED; and

2. This action is DISMISSED.

IT IS SO ORDERED.


Summaries of

DUHN OIL TOOL, INC. v. ROBBINS MYERS ENERGY SYSTEMS LP

United States District Court, E.D. California
Feb 17, 2006
Case No. CIV F-04-6010 AWI SMS, (Document #29) (E.D. Cal. Feb. 17, 2006)
Case details for

DUHN OIL TOOL, INC. v. ROBBINS MYERS ENERGY SYSTEMS LP

Case Details

Full title:DUHN OIL TOOL, INC., Plaintiff, v. ROBBINS AND MYERS ENERGY SYSTEMS LP…

Court:United States District Court, E.D. California

Date published: Feb 17, 2006

Citations

Case No. CIV F-04-6010 AWI SMS, (Document #29) (E.D. Cal. Feb. 17, 2006)