Herrera
Herrera v. County of Fresno
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 CARLOS HERRERA, et al., CASE NO. 1:18-CV-1297 AWI EPG
Plaintiffs ORDER CLOSING CASE IN LIGHT OF
STIPULATION FOR DISMISSAL
v. WITHOUT PREJUDICE
COUNTY OF FRESNO, et al., (Doc. No. 59) Defendants
13 14 On December 21, 2020, the parties filed a what is styled as a joint motion to dismiss. See Doc. No. 59. Despite identifying the document on the docket as a motion and styling the document as a motion, the document is in fact a stipulation to dismiss this case with prejudice. See id. The stipulation is signed by all parties, so the Court interprets the stipulation to be one under Federal Rule of Civil Procedure 41(a)(1). Rule 41(a)(1), in relevant part, reads:
21 (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. .…