NOTICE OF VOLUNTARY DISMISSAL OF ENTIRE ACTION; [PROPOSED] ORDER (Doc. 11)

JENNIFER L. THURSTON, Magistrate Judge.

WHEREAS, the remaining Defendants Diljeet S. Khahra, individually and dba Hwy 46 Quick Stop; and Mohinder Kaur Kahra, individually and dba Hwy 46 Quick Stop have not filed an answer or motion for summary judgment;

WHEREAS, Plaintiff and Defendants Diljeet S. Khahra, individually and dba Hwy 46 Quick Stop; and Mohinder Kaur Kahra, individually and dba Hwy 46 Quick Stop have settled the matter;

WHEREAS, no counterclaim has been filed;

Plaintiff hereby respectfully requests that this action be dismissed with prejudice as to Defendants Diljeet S. Khahra, individually and dba Hwy 46 Quick Stop; and Mohinder Kaur Kahra, individually and dba Hwy 46 Quick Stop, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), and the case closed in its entirety.

ORDER

On November 13, 2015, Plaintiff filed a notice of voluntary dismissal of the entire action. (Doc. 11) The notice relies upon Rule 41 of the Federal Rules of Civil Procedure, under which "the 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). Once such a notice has been filed, an order of the Court is not required for the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). No defendant has answered or appeared in this action.

Based upon the foregoing, the Court ORDERS:

IT IS SO ORDERED.