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D.G. ex rel. Bonilla v. County of Kern, 1:15-CV-00760-JAM-JLT. (2017)

Court: District Court, E.D. California Number: infdco20170630a41 Visitors: 6
Filed: Jun. 29, 2017
Latest Update: Jun. 29, 2017
Summary: STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER THEREON JOHN A. MENDEZ , District Judge . Pursuant to Rule 41(a) of the Rules of Civil Procedure, the parties hereby stipulate that the Complaint filed on May 14, 2015 be dismissed with prejudice, each party to bear their own attorney fees and costs. ORDER As noted above, the parties have stipulated to dismiss this action with prejudice and with each party to bear their own attorney fees and costs. The stipulation relies on Fed. R. Civ. P.
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STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER THEREON

Pursuant to Rule 41(a) of the Rules of Civil Procedure, the parties hereby stipulate that the Complaint filed on May 14, 2015 be dismissed with prejudice, each party to bear their own attorney fees and costs.

ORDER

As noted above, the parties have stipulated to dismiss this action with prejudice and with each party to bear their own attorney fees and costs. The stipulation relies on Fed. R. Civ. P. 41(a) which 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. Civil. P. 41(a). Once such 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 the Court is DIRECTED to close this action in light of the stipulation signed pursuant to Rule 41(a).

IT IS SO ORDERED.

Source:  Leagle

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