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Employers Mutual Casualty Company v. North American Specialty Flooring, Inc., 1:19-cv-00544 DAD JLT. (2019)

Court: District Court, E.D. California Number: infdco20190821968 Visitors: 7
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER CLOSING THE ACTION AS TO NAVIGATORS INSURANCE COMPANY, ROY'S FLOORING, INC. AND JOSE ROY GARCIA JENNIFER L. THURSTON , Magistrate Judge . The parties have stipulated to dismiss the action as to Navigators Insurance Company, Roy's Flooring, Inc. and Jose Roy Garcia individually and formerly doing business as Roy's Flooring. (Doc. 23 at 3) 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
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ORDER CLOSING THE ACTION AS TO NAVIGATORS INSURANCE COMPANY, ROY'S FLOORING, INC. AND JOSE ROY GARCIA

The parties have stipulated to dismiss the action as to Navigators Insurance Company, Roy's Flooring, Inc. and Jose Roy Garcia individually and formerly doing business as Roy's Flooring. (Doc. 23 at 3) 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 as to these defendants only.

IT IS SO ORDERED.

Source:  Leagle

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