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Marentes v. Key Energy Services California, Inc., 1:13-cv-02067 AWI JLT. (2017)

Court: District Court, E.D. California Number: infdco20170314682 Visitors: 19
Filed: Mar. 13, 2017
Latest Update: Mar. 13, 2017
Summary: ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THIS CASE DUE TO THE STIPULATION OF COUNSEL (Doc. 43) JENNIFER L. THURSTON , Magistrate Judge . Plaintiff Rene Marentes ("Plaintiff") and Defendant Key Energy Services of California, Inc. ("Defendant"), by and through their respective counsel of record named herein, hereby submit this Stipulation of Dismissal With Prejudice. WHEREAS, on February 23, 2017 the Parties reached the principal terms of an individual settlement. NOW, THEREFORE, TH
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ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THIS CASE DUE TO THE STIPULATION OF COUNSEL

(Doc. 43)

Plaintiff Rene Marentes ("Plaintiff") and Defendant Key Energy Services of California, Inc. ("Defendant"), by and through their respective counsel of record named herein, hereby submit this Stipulation of Dismissal With Prejudice.

WHEREAS, on February 23, 2017 the Parties reached the principal terms of an individual settlement.

NOW, THEREFORE, THE PARTIES, BY AND THROUGH THEIR COUNSEL, HEREBY STIPULATE AND AGREE AS FOLLOWS:

1. Plaintiff Rene Marentes's individual claims shall be dismissed with prejudice.

2. Class allegations shall be dismissed without prejudice.

ORDER

The parties have stipulated to dismiss this matter and, in doing so, rely upon Federal Rules of Civil Procedure Rule 41(a). Federal Rules of Civil Procedure 41(a)(1) provides, "the plaintiff may 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). Once such a notice has been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this action in light of the stipulation as dictated by Rule 41(a).

IT IS SO ORDERED.

Source:  Leagle

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