MIGHACCIO v. HATFIELD PORTFOLIO GROUP, LLC, 1:17-cv-00687-LJO-JLT. (2017)
Court: District Court, E.D. California
Number: infdco20170713890
Visitors: 5
Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: [PROPOSED] ORDER CLOSING CASE AS TO BLUE STEM BRANDS, INC. D/B/A FINGERHUT ONLY (Doc. 5) JENNIFER L. THURSTON , Magistrate Judge . On July 11, 2017, the plaintiff filed a notice of voluntary dismissal to Blue Stem Brands, Inc., DBA Fingerhut. (Doc. 5) Federal Rules of Civil Procedure Rule 41 provides that "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 . . .
Summary: [PROPOSED] ORDER CLOSING CASE AS TO BLUE STEM BRANDS, INC. D/B/A FINGERHUT ONLY (Doc. 5) JENNIFER L. THURSTON , Magistrate Judge . On July 11, 2017, the plaintiff filed a notice of voluntary dismissal to Blue Stem Brands, Inc., DBA Fingerhut. (Doc. 5) Federal Rules of Civil Procedure Rule 41 provides that "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 . . ."..
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[PROPOSED] ORDER CLOSING CASE AS TO BLUE STEM BRANDS, INC. D/B/A FINGERHUT ONLY
(Doc. 5)
JENNIFER L. THURSTON, Magistrate Judge.
On July 11, 2017, the plaintiff filed a notice of voluntary dismissal to Blue Stem Brands, Inc., DBA Fingerhut. (Doc. 5) Federal Rules of Civil Procedure Rule 41 provides that "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 . . ." Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not required to make the dismissal effective. 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 as to Blue Stem Brands, Inc., DBA Fingerhut only in light of the notice of voluntary dismissal without prejudice filed and properly signed pursuant to Rule 41(a).
IT IS SO ORDERED.
Source: Leagle
