Aiello v. Rent Recovery Solutions, LLC

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 FRANCESCA M. AIELLO, Case No. 1:23-cv-01542-KES-EPG 11 Plaintiff, ORDER DIRECTING DEFENDANT RENT RECOVERY SOLUTIONS, LLC TO SUBMIT 12 v. FILING REGARDING STIPULATION OF DISMISSAL 13 RENT RECOVERY SOLUTIONS, LLC and MANCO ABBOTT, INC., doing (ECF No. 26) 14 business as, THE EMERSON, 15 Defendants. 16 MEGAN A. JOHNSTON, Case No. 1:23-cv-01544-KES-EPG 17 Plaintiff, 18 v. 19 RENT RECOVERY SOLUTIONS, LLC 20 and MANCO ABBOTT, INC., doing business as, THE EMERSON, 21 Defendants. 22 23 On August 20, 2024, Plaintiffs Francesca M. Aiello and Megan A. Johnston filed a 24 stipulation of dismissal with prejudice of the claims against Defendant Manco Abbott, Inc. under 25 Federal Rule of Civil Procedure 41(a)(1)(A)(ii). However, because Rule 41(a)(1)(A)(ii) requires a 26 stipulation of dismissal to be “signed by all parties who have appeared,” and only Plaintiffs and 27 Defendant Manco Abbott, Inc. have signed the stipulation, the Court will require the remaining 28 1 | defendant who has appeared, Rent Recovery Solutions, LLC, to submit a filing approving or 2 | opposing the stipulation of dismissal. See Thacker v. AT&T Corp., No. 2:20-CV-00255-KJM- 3 | CKDPS, 2021 WL 1784873, at *1 (E.D. Cal. May 5, 2021), report and recommendation 4 | adopted, 2021 WL 4168533 (E.D. Cal. Sept. 14, 2021) (noting that court was “unaware of any 5 | case waiving the requirement that the stipulation . . . must be made by all parties who have 6 appeared” and that “[t]he requirement to obtain all parties’ consent to voluntarily dismiss (without 4 court order) is intended to ensure that a voluntary dismissal of a party at later stages of the 8 litigation does not cause plain legal prejudice to the party to be dismissed or to the remaining 9 defendant(s)”). Accordingly, IT IS ORDERED as follows: 8 1. By no later than August 29, 2024, Defendant Rent Recovery Solutions, LLC shall file a signed document reflecting their approval of the stipulation of dismissal (ECF No. 26) or 2 file a response opposing the stipulation of dismissal. 13 2. Alternatively, by no later than August 29, 2024, the parties may file a stipulation of dismissal signed by all parties who have appeared in this action in compliance with Rule 41 (a)(1)(A)Gi). 16 17 | IT IS SO ORDERED. 'S | Dated: _ August 21, 2024 [Jee Py — 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28