Filed: Aug. 15, 2017
Latest Update: Aug. 15, 2017
Summary: Joint Stipulation of Voluntary Dismissal of Case and [ Proposed ] Order Thereon (Doc. 84) JENNIFER L. THURSTON , Magistrate Judge . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Kenneth Willis ("Willis") and Defendants Enterprise Drilling Fluids, Inc. and James Joslyn ("Defendants"). 1. Plaintiff and Defendants have entered into a confidential non-class settlement agreement providing for the payment of certain sums by Defendants to Plaintiff, the last of which
Summary: Joint Stipulation of Voluntary Dismissal of Case and [ Proposed ] Order Thereon (Doc. 84) JENNIFER L. THURSTON , Magistrate Judge . Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Kenneth Willis ("Willis") and Defendants Enterprise Drilling Fluids, Inc. and James Joslyn ("Defendants"). 1. Plaintiff and Defendants have entered into a confidential non-class settlement agreement providing for the payment of certain sums by Defendants to Plaintiff, the last of which i..
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Joint Stipulation of Voluntary Dismissal of Case and [Proposed] Order Thereon (Doc. 84)
JENNIFER L. THURSTON, Magistrate Judge.
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Kenneth Willis ("Willis") and Defendants Enterprise Drilling Fluids, Inc. and James Joslyn ("Defendants").
1. Plaintiff and Defendants have entered into a confidential non-class settlement agreement providing for the payment of certain sums by Defendants to Plaintiff, the last of which is due approximately 97 days from August 14, 2017;
2. Upon payment of the sums owing by Defendants to Plaintiffs,
a. Plaintiff's agrees to the voluntary dismissal with prejudice of any and all purported individual claims belonging to Willis against Defendants;
b. Plaintiff agrees to the voluntary dismissal without prejudice of all purported class claims of Willis against Defendants;
c. Plaintiff agrees to the voluntary dismissal without prejudice of all purported PAGA claims against Defendants;
3. This Stipulation shall not affect any individual, class or PAGA claims against Defendant Driltek, Inc.
4. This dismissal is without an award of attorneys' fees, interest, or costs to any party as between Willis and Defendants, as each side will bear their own attorney's fees and costs.
ORDER
The parties have stipulated to dismiss the action with prejudice with each party bearing their own fees and costs. (Doc. 84 at 2) The stipulation of dismissal does not impact the rights of the class or impact that the PAGA claims may proceed in a different action. Id.
Federal Rules of Civil Procedure 41permits 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.
