Michael Owen Gardner v. CDCR, et al.

Summary

The United States District Court for the Eastern District of California addresses the parties’ stipulation to voluntarily dismiss the action with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court explains that the stipulation automatically terminates the action, directs the Clerk to close the case and terminate pending matters, and orders each party to bear its own costs and fees.

Holdings

1. A voluntary stipulation of dismissal signed by all parties who have appeared and filed under Rule 41(a)(1)(A)(ii) automatically terminates the action without operation of a court order.

Questions Presented

1. Whether a signed stipulation of dismissal filed by all parties who appeared automatically terminates the action under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
2. Whether the court should terminate the action, terminate pending motions and deadlines, and close the case following the parties' stipulation for dismissal with prejudice.

Disposition

dismissed