Filed: Apr. 25, 2018
Latest Update: Apr. 25, 2018
Summary: STIPULATION AND ORDER FOR DISMISSAL JENNIFER L. THURSTON , Magistrate Judge . IT IS HEREBY STIPULATED by and between the plaintiff, P.H. by her Guardian Ad Litem, JUANITA LUNA, and defendant TEHACHAPI UNIFIED SCHOOL DISTRICT, by and through their respective counsel of record, that the above-entitled action is dismissed, with prejudice, pursuant to the provisions of F.R.C.P. 41(a)(1), with each side to bear its own attorney's fees and costs. ORDER The stipulation to dismiss the action, wi
Summary: STIPULATION AND ORDER FOR DISMISSAL JENNIFER L. THURSTON , Magistrate Judge . IT IS HEREBY STIPULATED by and between the plaintiff, P.H. by her Guardian Ad Litem, JUANITA LUNA, and defendant TEHACHAPI UNIFIED SCHOOL DISTRICT, by and through their respective counsel of record, that the above-entitled action is dismissed, with prejudice, pursuant to the provisions of F.R.C.P. 41(a)(1), with each side to bear its own attorney's fees and costs. ORDER The stipulation to dismiss the action, wit..
More
STIPULATION AND ORDER FOR DISMISSAL
JENNIFER L. THURSTON, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the plaintiff, P.H. by her Guardian Ad Litem, JUANITA LUNA, and defendant TEHACHAPI UNIFIED SCHOOL DISTRICT, by and through their respective counsel of record, that the above-entitled action is dismissed, with prejudice, pursuant to the provisions of F.R.C.P. 41(a)(1), with each side to bear its own attorney's fees and costs.
ORDER
The stipulation to dismiss the action, with both sides bearing their own fees and costs, relies upon Fed.R.Civ.P. 41. Rule 41 permits the plaintiff to dismiss an action without a court order "by filing . . . a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation (Doc. 79), it "automatically terminate[d] the action." Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action.
IT IS SO ORDERED.
