Thalia Ramos-Arredondo v. FCA US LLC

E.D. California

Thalia Ramos-Arredondo v. FCA US LLC

DecidedJanuary 7, 2020

Docket1:19-cv-01130

StatusUnknown

This text of Thalia Ramos-Arredondo v. FCA US LLC (Thalia Ramos-Arredondo v. FCA US LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Thalia Ramos-Arredondo v. FCA US LLC, (E.D. Cal. 2020).

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 THALIA RAMOS-ARREDONDO, CASE NO. 1:19-CV-1130 AWI BAM

9 Plaintiff ORDER CLOSING CASE IN LIGHT OF STIPULATION FOR DISMISSAL WITH 10 v. PREJUDICE

11 FCA US LLC and DOES 1-10 inclusive, (Doc. No. 11) 12 Defendants

13 14 15 On January 2, 2020, the parties filed a stipulation to dismiss this case with prejudice, but 16 with a request for the Court to retain jurisdiction. See Doc. No. 11. The stipulation cites Federal 17 Rule of Civil Procedure 41(a)(2), which deals with dismissals by court order. See id. However, 18 because the stipulation is signed by all parties, the Court interprets the stipulation as governed by 19 Federal Rule of Civil Procedure 41(a)(1). 20 Rule 41(a)(1), in relevant part, reads:

21 (A) . . . the plaintiff may dismiss an action without a court order by filing: (i) a 22 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 23 have appeared. . . . (B) Unless the notice or stipulation states otherwise, the dismissal is without prejudice. 24 Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not 25 26 require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood 27 Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 28 I 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); In re 2, | Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989). 3 Here, again all parties who have appeared in this case have signed the stipulated dismissal. 4 | See Doc. No. 49. Because all appearing parties have signed the stipulated dismissal with 5 prejudice, this case has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music, 727 F.3d at 362; Commercial Space, 193 F.3d at 1077. Therefore, IT IS HEREBY ORDERED that the Clerk is to CLOSE this case in light of the

9 parties’ filed and properly signed Rule 41(a)(1)(A)(i1) Stipulation Of Dismissal with prejudice, but 10 | as stipulated by the parties, the Court will retain jurisdiction in order to enforce, if necessary, the 11 of the settlement agreement. 12 13 IT IS SO ORDERED. Dated: _ January 3, 2020 : 15 _-SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 THALIA RAMOS-ARREDONDO, CASE NO. 1:19-CV-1130 AWI BAM

9 Plaintiff ORDER CLOSING CASE IN LIGHT OF STIPULATION FOR DISMISSAL WITH 10 v. PREJUDICE

11 FCA US LLC and DOES 1-10 inclusive, (Doc. No. 11) 12 Defendants

13 14 15 On January 2, 2020, the parties filed a stipulation to dismiss this case with prejudice, but 16 with a request for the Court to retain jurisdiction. See Doc. No. 11. The stipulation cites Federal 17 Rule of Civil Procedure 41(a)(2), which deals with dismissals by court order. See id. However, 18 because the stipulation is signed by all parties, the Court interprets the stipulation as governed by 19 Federal Rule of Civil Procedure 41(a)(1). 20 Rule 41(a)(1), in relevant part, reads:

21 (A) . . . the plaintiff may dismiss an action without a court order by filing: (i) a 22 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 23 have appeared. . . . (B) Unless the notice or stipulation states otherwise, the dismissal is without prejudice. 24 Dismissals under Rule 41(a)(1)(A), when properly filed, are effective immediately and do not 25 26 require a court order/court approval. See Fed. R. Civ. P. 41(a)(1); Yesh Music v. Lakewood 27 Church, 727 F.3d 356, 362 (5th Cir. 2013); Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 28 I 1074, 1077 (9th Cir. 1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); In re 2, | Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989). 3 Here, again all parties who have appeared in this case have signed the stipulated dismissal. 4 | See Doc. No. 49. Because all appearing parties have signed the stipulated dismissal with 5 prejudice, this case has terminated automatically. See Fed. R. Civ. P. 41(a)(1)(A); Yesh Music, 727 F.3d at 362; Commercial Space, 193 F.3d at 1077. Therefore, IT IS HEREBY ORDERED that the Clerk is to CLOSE this case in light of the

9 parties’ filed and properly signed Rule 41(a)(1)(A)(i1) Stipulation Of Dismissal with prejudice, but 10 | as stipulated by the parties, the Court will retain jurisdiction in order to enforce, if necessary, the 11 of the settlement agreement. 12 13 IT IS SO ORDERED. Dated: _ January 3, 2020 : 15 _-SENIOR DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28

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