Principal Life Insurance Company v. Calloway

[7] 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA [10] 11 PRINCIPAL LIFE INSURANCE No. 1:19-cv-00147-SKO COMPANY, [12] Plaintiff/Stakeholder, 13 v. ORDER DIRECTING THE CLERK OF COURT TO CLOSE CASE. 14 RAYMOND CALLOWAY, BERNICE ENGLISH, FANNIE M. BEARD, ESTHER (Doc. 134) 15 M. LEE, ROSE MARY PORTIS, RONALD CALLOWAY, DAISY CALLOWAY, 16 RODNEY CALLOWAY, J.D. FLORENCE, JR., and the ESTATE OF GENEVA 17 PERKINS, 18 Defendants/Claimants. [21] 22 On September 15, 2021, Defendant Raymond Calloway filed the parties’ stipulation that, 23 upon disbursement of the interpleaded funds, this action be dismissed with prejudice pursuant to 24 Federal Rule of Civil Procedure 41(a). (Doc. 134.) The disbursement was completed on October 25 8, 2021. (See Doc. 139.) 26 In relevant part, Rule 41(a)(1)(A) provides as follows: 27 [A] 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 28 judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. 1 Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after 2 service of an answer, by filing a written stipulation to dismiss signed by all of the parties who have 3 appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d 4 1470, 1472-73 (9th Cir. 1986). 5 Once the stipulation between the parties who have appeared is properly filed or made in 6 open court, no order of the court is necessary to effectuate dismissal. Case law concerning 7 stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of 8 dismissal is effective automatically and does not require judicial approval. Commercial Space 9 Mgmt. Co. v. Boeing Co., 193 F.3d 1074 , 1077 (9th Cir. 1999). Because the parties have filed a 10 stipulation for dismissal of this case with prejudice under Rule 41(a) that is signed by all whom 11 have made an appearance, this case has terminated. Fed. R. Civ. P. 41(a)(1)(A)(ii). 12 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court close this case. [13] IT IS SO ORDERED. [15] Dated: October 13, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE