Barrett

Barrett v. Biomet, Inc.

Good Law
United States District Court, Eastern District of CaliforniaFebruary 10, 20201:19-cv-00553California515 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 3 STEPHEN BARRETT No. 1:19-CV-00553-NONE-EPG

MARIA BARRETT,

5 Plaintiffs, ORDER DIRECTING ASSIGNMENT

OF DISTRICT JUDGE FOR

v. PURPOSES OF CLOSING CASE AND

THEN TO CLOSE THIS CASE IN

BIOMET, INC.,

LIGHT OF STIPULATION FOR Defendant. DISMISSAL WITH PREJUDICE

10 On February 4, 2020, the parties filed a stipulation for dismissal of this case with 11 prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). See Doc. No. 17. The notice is 12 signed by all parties who have appeared in this case.

Rule 41(a)(1), in relevant part, reads:

(A) . . . the 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 judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. . . . (B) Unless the notice or stipulation 17 states otherwise, the dismissal is without prejudice. 18 Rule 41(a)(1)(A)(ii) thus allows the…

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