(SS) Combs v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
5 6 ANDREW COMBS, No. 1:20-cv-01308-SKO
Plaintiff,
ORDER DIRECTING CLERK OF COURT
v. TO CLOSE CASE COMMISSIONER OF (Doc. 13)
SOCIAL SECURITY,
11 Defendant. 12 13 On May 13, 2021, the parties filed a joint stipulation of dismissal, with prejudice. (Doc. 13.) Federal Rule of Civil Procedure 41(a)(1)(A) provides: [T]he plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an 17 answer to a motion for summary judgment, or (ii) a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A). Rule 41 thus allows the parties to dismiss an action voluntarily, after service of an answer, by filing a written stipulation to dismiss signed by all of the parties who have appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d 1470, 1472-73 (9th Cir. 1986). Once the stipulation between the parties who have…