Cummings v. Cenergy International Services, LLC, 1:17-cv-484-LJO-JLT. (2018)
Court: District Court, E.D. California
Number: infdco20180823a58
Visitors: 2
Filed: Aug. 21, 2018
Latest Update: Aug. 21, 2018
Summary: ORDER DIRECTING THE CLERK TO CLOSE THE ACTION (Doc. 49) JENNIFER L. THURSTON , Magistrate Judge . Defendant Cenergy International Services, LLC and Charles Beaty—the only plaintiff remaining in this action 1 — stipulated to dismiss the claims of Mr. Beaty with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), 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." ( See Doc. 50 at 1-2) B
Summary: ORDER DIRECTING THE CLERK TO CLOSE THE ACTION (Doc. 49) JENNIFER L. THURSTON , Magistrate Judge . Defendant Cenergy International Services, LLC and Charles Beaty—the only plaintiff remaining in this action 1 — stipulated to dismiss the claims of Mr. Beaty with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), 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." ( See Doc. 50 at 1-2) Be..
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ORDER DIRECTING THE CLERK TO CLOSE THE ACTION
(Doc. 49)
JENNIFER L. THURSTON, Magistrate Judge.
Defendant Cenergy International Services, LLC and Charles Beaty—the only plaintiff remaining in this action1— stipulated to dismiss the claims of Mr. Beaty with prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), 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." (See Doc. 50 at 1-2)
Because all remaining parties signed the stipulation, it "automatically terminate[d] the action." Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Thus, based upon the stipulation of the parties, the Clerk of Court is DIRECTED to close this action.
IT IS SO ORDERED.
FootNotes
1. The action initially included the claims of three plaintiffs: Donnie Cummings, Christopher Jones, and Charles Beaty. The claims of Mr. Jones were dismissed on June 15, 2017, when the Court granted the defendant's motion to dismiss the complaint (Doc. 15), and Mr. Jones was not identified as a plaintiff in the First Amended Complaint. (See Doc. 16) Mr. Cummings dismissed his claims on May 29, 2018. (Docs. 48-49) Thus, only the claims of Mr. Beaty remain.
Source: Leagle
