Filed: Jun. 30, 2017
Latest Update: Jun. 30, 2017
Summary: STIPULATED DISMISSAL WITH PREJUDICE [FRCP 41(a)(1)] (Doc. 48) JENNIFER L. THURSTON , Magistrate Judge . It is hereby stipulated, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, by and between Plaintiff JOSHUA WILLARD, appearing in pro per, and Defendant L. MORENO, by and through his attorney Shanan L. Hewitt, that this action is dismissed in its entirety with prejudice. In consideration of the Stipulation entered by the above-named parties to the United States Distric
Summary: STIPULATED DISMISSAL WITH PREJUDICE [FRCP 41(a)(1)] (Doc. 48) JENNIFER L. THURSTON , Magistrate Judge . It is hereby stipulated, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, by and between Plaintiff JOSHUA WILLARD, appearing in pro per, and Defendant L. MORENO, by and through his attorney Shanan L. Hewitt, that this action is dismissed in its entirety with prejudice. In consideration of the Stipulation entered by the above-named parties to the United States District..
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STIPULATED DISMISSAL WITH PREJUDICE [FRCP 41(a)(1)]
(Doc. 48)
JENNIFER L. THURSTON, Magistrate Judge.
It is hereby stipulated, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, by and between Plaintiff JOSHUA WILLARD, appearing in pro per, and Defendant L. MORENO, by and through his attorney Shanan L. Hewitt, that this action is dismissed in its entirety with prejudice.
In consideration of the Stipulation entered by the above-named parties to the United States District Court Eastern District of California action, Willard v. Moreno, Case 1:14-cv-00521-LJO-JLT PC, this action is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1) with the parties mentioned herein to bear their own fees and costs.
ORDER
The parties have stipulated to dismiss this case with each party to bear their own attorney's fees and costs. 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 . . . 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, 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.
