Whitall v. Gutierrez
- Charles Breyer
- 3:20-cv-00910
- U.S. District Court · Northern District of California
- 1
In Whitall v. Gutierrez, Judge Breyer denied proposed judgment because Rule 41 voluntary dismissal had already ended the action.
Raymond Richard Whitall and Davina Gutierrez; the court did not enter the proposed judgment because Whitall’s voluntary dismissal had already terminated the action.
What happened
In Whitall v. Gutierrez, the parties submitted a proposed judgment apparently asking the court to enter judgment for Davina Gutierrez and against Raymond Richard Whitall. The filing followed Whitall’s stipulated voluntary dismissal of the action with prejudice.
Judge Charles Breyer explained that the dismissal was not a judgment or an appealable order. Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the voluntary dismissal took effect automatically and ended the action.
Judge Breyer denied entry of the proposed judgment. He concluded that nothing remained for the court to do, including entering a judgment.
The detailed version
- Whitall v. Gutierrez · No. 3:20-cv-00910
- Charles Breyer
- June 18, 2025
Background
The parties filed a joint proposed judgment that apparently asked the Court to enter judgment in favor of Defendant Davina Gutierrez and against Plaintiff Raymond Richard Whitall. The filing followed Plaintiff’s voluntary dismissal of the action by stipulation with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
Court’s reasoning
The Court explained that Rule 54(a) defines “judgment” as a decree or an order from which an appeal lies. The stipulated voluntary dismissal was not a decree, and it was not an appealable order. The dismissal therefore terminated the action automatically. The Court relied on Ninth Circuit authority describing a Rule 41(a)(1) voluntary dismissal as “self-executing,” meaning that no additional court action was required.
Disposition
The Court denied entry of the proposed judgment. It stated that there was nothing left for the Court to do, including entering judgment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.