Willems Farms Inc v. Gabriel Farms Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLEMS FARMS INC., a California No. 1:21-cv-00237-AWI-HBK Corporation, STIPULATION OF DISMISSAL WITH Plaintiff, PREJUDICE UNDER FED. R. CIV. P. 41 (a)(1)(A)(ii) v. (Doc. No. 18) GABRIEL FARMS INC., an Oregon Corporation d/b/a Oregon Blueberry Farms and Nursery and ROBERT GABRIEL, Defendants. 18 19 The parties filed a Stipulation of Dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) on August 4, 2021. (Doc. No. 18, “Stipulation”). The Stipulation states the dismissal is with prejudice with each party bearing “its own costs and attorneys’ fees.” (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 the parties…