Fatte Alberts v. Pizzaman's Pavilion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FATTE ALBERT’S PIZZA, No. 1:20-cv-00238-DAD-SKO Plaintiff, ORDER DIRECTING THE CLERK OF

COURT TO CLOSE CASE.

v. (Doc. 56) PIZZAMAN’S PAVILION, et al., Defendants. 16 17 On March 7, 2022, Plaintiff filed the parties’ stipulation that this action is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a). (Doc. 56.) In relevant part, Rule 41(a)(1)(A) provides as follows: [A] 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. 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.…