(SS) Packer v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJuly 14, 20211:20-cv-01319California299 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AMY NOELLE PACKER, No. 1:20-cv-01319-HBK Plaintiff, STIPULATION OF DISMISSAL WITH

PREJUDICE UNDER FED. R. CIV. P.

v. (a)(1)(A)(ii) 1 COMMISSIONER OF SOCIAL (Doc. No. 17)

SECURITY,

15 Defendant.

17 18 19 The parties filed a Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) on July 12, 2021. (Doc. No. 17, “Stipulation”). The Stipulation states the dismissal is with prejudice with each party bearing “their own attorney fees, costs, and expenses associated with the action.” (Id.). Rule 41(a)(1)(A)(ii) in pertinent part provides that, “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties who have appeared.” A voluntary stipulation pursuant to Rule 41(a)(1)(A)(ii) automatically terminates the action between 27 1 The parties have consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). …

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