[PROPOSED] ORDER APPROVING STIPULATION REGARDING DISMISSAL OF DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY AND DISCLAIMER OF INTEREST

(Doc. 15)

JENNIFER L. THURSTON, Magistrate Judge.

Plaintiff, the United States of America, and Defendant, First American Title Insurance Company, have jointly filed a Stipulation Regarding Dismissal of Defendant First American Title Insurance Company and Disclaimer of Interest (Doc. 15) ("Stipulation") with regard to real property commonly known as 2709 Pecangrove Drive, Bakersfield, California 93311 ("Subject Property").

In the stipulation, First American Title Insurance Company disclaims any right, title, or interest in the Subject Property. (Doc. 15 at 2) Consequently, the parties agree that First American Title Insurance Company should be required to have no further involvement in this action. Id. at 3. Moreover, the parties agree that each side will bear its own costs and fees except to the extent that costs are incurred in selling the Subject Property which will be reimbursed from the proceeds of the sale before satisfying outstanding liens.

In consideration of the parties' stipulation and for good cause shown, the Court ORDERS:

1. First American Title Insurance Company has no interest in the Subject Property. Consequently, the action SHALL be closed as to it. No further pleadings or notices should be sent to First American Title Insurance Company;

2. The stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure which permits the plaintiff to dismiss an action in part without a court order before parties have appeared. Therefore, the notice of request for voluntary dismissal filed by the plaintiff "automatically terminate[s] the action" as to the FTB. 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 First American Title Insurance Company only.

IT IS SO ORDERED.