Klassen v. U.S., 1:15-cv-01568-JLT. (2016)
Court: District Court, E.D. California
Number: infdco20160325l00
Visitors: 5
Filed: Mar. 24, 2016
Latest Update: Mar. 24, 2016
Summary: ORDER CLOSING CASE (Doc. 14) JENNIFER L. THURSTON , Magistrate Judge . On March 23, 2016, the parties filed a stipulation to dismiss the matter. (Doc. 14) 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 appea
Summary: ORDER CLOSING CASE (Doc. 14) JENNIFER L. THURSTON , Magistrate Judge . On March 23, 2016, the parties filed a stipulation to dismiss the matter. (Doc. 14) 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 appear..
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ORDER CLOSING CASE (Doc. 14)
JENNIFER L. THURSTON, Magistrate Judge.
On March 23, 2016, the parties filed a stipulation to dismiss the matter. (Doc. 14) 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 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). Thus, the Clerk of Court is DIRECTED to close this action in light of the notice of dismissal without prejudice filed and properly signed pursuant to Rule 41(a)(1)(A)(ii).
IT IS SO ORDERED.
Source: Leagle
