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Harb v. Downs North Bakersfield, Inc., 1:18-CV-0403-JLT. (2019)

Court: District Court, E.D. California Number: infdco20190319839 Visitors: 15
Filed: Mar. 18, 2019
Latest Update: Mar. 18, 2019
Summary: ORDER CLOSING CASE JENNIFER L. THURSTON , Magistrate Judge . The parties have stipulated to dismiss the action with each side to bear their own fees and costs. (Doc. 25) The stipulation relies upon Fed.R.Civ.P. 41, which permits the plaintiff to dismiss an action without a court order "by filing . . . a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation, it "automatica
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ORDER CLOSING CASE

The parties have stipulated to dismiss the action with each side to bear their own fees and costs. (Doc. 25) The stipulation relies upon Fed.R.Civ.P. 41, which permits the plaintiff to dismiss an action without a court order "by filing . . . a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation, it "automatically terminate[d] the action." 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.

IT IS SO ORDERED.

Source:  Leagle

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