Garcia v. Clovis Unified School District et al

Filing 91

ORDER DISCHARGING 86 Order to Show Cause and CLOSING CASE In Light of Rule 41 87 Stipulation for Dismissal With Prejudice, signed by Chief Judge Anthony W. Ishii on 10/19/2010. CASE CLOSED. (Jessen, A)

Garcia v. Clovis Unified School District et al

Doc. 91

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On September 21, 2010, this Court approved the minor's settlement in this case pursuant to Local Rule 202(b)(1), and ordered the parties to file the appropriate dismissal papers within twenty-one days of service of the approval. See Court's Docket Doc. No. 85; see also Local Rule 160. On October 15, 2010, the Court issued an order to show cause why dismissal papers had not been filed and why sanctions should not be imposed pursuant to Local Rule 160(b). See Court's Docket Doc. No. 86. On October 18, 2010, the parties filed a properly signed stipulation for dismissal of this case with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(A)(1)(ii). See Court's Docket Doc. No. 87. Because such a dismissal is effective upon filing, this case has ) ) ) Plaintiff, ) ) v. ) ) CLOVIS UNIFIED SCHOOL ) DISTRICT, DOUGLAS BURNS, BARRY) JAGER, GREG BASS, ANN-MAURA ) CERVANTES, MAI YIA MOUA, and ) DOES 1 through 20, inclusive, ) ) Defendants. ) ) ____________________________________) KRISTA GARCIA, by and through her guardian ad litem Lorraine Marin, 1:08-CV-1924 AWI SKO

ORDER DISCHARGING ORDER TO SHOW CAUSE AND CLOSING CASE IN LIGHT OF RULE 41 STIPULATION FOR DISMISSAL WITH PREJUDICE (Doc. Nos. 86, 87)

Dockets.Justia.com

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automatically terminated with prejudice. See id.; In re Wolf, 842 F.2d 464, 466 (D.C. Cir. 1989); Eitel v. McCool, 782 F.2d 1470, 1472-73 & n.4 (9th Cir. 1986); Gardiner v. A.H. Robins Co., 747 F.2d 1180, 1189 (8th Cir. 1984). Also on October 18, 2010, Defendants responded to the order to show. See Court's Docket Doc. Nos. 88, 89. After review, the Court is satisfied with the offered explanation. The Court will discharge the order to show cause and will not impose sanctions.

Accordingly, IT IS HEREBY ORDERED that: 1. 2. The October 15, 2010, order to show cause is DISCHARGED; and The Clerk is directed to CLOSE this case in light of the properly signed and filed Rule 41(a)(1)(A)(ii) stipulation for dismissal with prejudice. IT IS SO ORDERED. Dated: ciem0h October 19, 2010 CHIEF UNITED STATES DISTRICT JUDGE

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