Wild v. Benchmark Pest Control, Inc., 1:15-cv-01876-JLT. (2016)
Court: District Court, E.D. California
Number: infdco20160520839
Visitors: 14
Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: ORDER GRANTING STIPULATION TO CLOSE THE CASE (Doc. 27) JENNIFER L. THURSTON , Magistrate Judge . On May 18, 2016, the parties filed a stipulation to dismiss the entire action. (Doc. 27) The stipulation 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 signe
Summary: ORDER GRANTING STIPULATION TO CLOSE THE CASE (Doc. 27) JENNIFER L. THURSTON , Magistrate Judge . On May 18, 2016, the parties filed a stipulation to dismiss the entire action. (Doc. 27) The stipulation 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..
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ORDER GRANTING STIPULATION TO CLOSE THE CASE
(Doc. 27)
JENNIFER L. THURSTON, Magistrate Judge.
On May 18, 2016, the parties filed a stipulation to dismiss the entire action. (Doc. 27) The stipulation 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 the stipulation is filed, no further action by the Court is required. 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 voluntary dismissal with prejudice filed and properly signed pursuant to Rule 41.
IT IS SO ORDERED.
Source: Leagle
