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Whitehead v. Liberty Life Assurance Company of Boston, 1:17-cv-01204 LJO JLT. (2018)

Court: District Court, E.D. California Number: infdco20180216774 Visitors: 13
Filed: Feb. 15, 2018
Latest Update: Feb. 15, 2018
Summary: ORDER CLOSING THE CASE (Doc. 24) JENNIFER L. THURSTON , Magistrate Judge . The parties have stipulated to dismiss the action with prejudice with each side to bear their own fees and costs. (Doc. 24) Federal Rules of Civil Procedure 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
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ORDER CLOSING THE CASE

(Doc. 24)

The parties have stipulated to dismiss the action with prejudice with each side to bear their own fees and costs. (Doc. 24) Federal Rules of Civil Procedure 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.

Source:  Leagle

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