United States of America for the Use and Benefit of Just Construction, Inc. v. K.O.O. Construction, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Jeffrey T. Miller (author)
Analysis
The parties filed a stipulation for dismissal of the entire action, signed by all parties who had appeared. The court granted the stipulation and dismissed the action with prejudice.
| What the court decided | The model |
|---|---|
Dismissal of the entire action with prejudice based on the parties' stipulation.“The action, in its entirety, is DISMISSED WITH PREJUDICE pursuant to the Parties’ stipulation.” | agree with court The order correctly identifies that a stipulation signed by all parties who have appeared satisfies the requirements of Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court cites Wilson v. City of San Jose, a Ninth Circuit case, to support the proposition that such a stipulation is effective upon filing. The decision to dismiss with prejudice is consistent with the stipulation and standard practice for voluntary dismissals by agreement. |
The order itself: sound — The order is procedurally correct and relies on the appropriate rule and binding circuit authority. It accurately reflects the parties' agreement and the legal effect of that agreement.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA FOR Case No.: 19cv1753 JM (KSC) THE USE AND BENEFIT OF JUST 12 CONSTRUCTION, INC., ORDER ON STIPULATION FOR 13 DISMISSAL OF ENTIRE ACTION Plaintiff, 14 v. 15 K.O.O. CONSTRUCTION, INC., et al., 16 Defendant. 17 18 19 Presently before the court is the Parties’ “Stipulation for Dismissal of Entire 20 Action.” (Doc. No. 140). The stipulation is signed by all Parties who have appeared in 21 this action. Under Rule 41(a)(1)(A), a plaintiff may dismiss an action without a court 22 order by: (1) filing a notice of voluntary dismissal before a defendant has filed either an 23 answer or a motion for summary judgment; or (2) filing a stipulation of dismissal signed 24 by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A). The Parties’ stipulation of 25 dismissal satisfies the requirements of Rule 41(a)(1)(A)(ii) and is, therefore, effective on 26 filing. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The action, in its 27 entirety, is DISMISSED WITH PREJUDICE pursuant to the Parties’ stipulation. The 28 Clerk of Court is directed to close the case. l IT IS SO ORDERED. >y DATED: June 30, 2022 Ht 3 JEVEREY T. MWLER 4 United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28