Exxonmobil Oil Corporation, a New York Corporation

Filing 212

ORDER DIRECTING CLERK OF THE COURT TO CLOSE CASE; Voluntary Dismissal, signed by Magistrate Judge Stanley A. Boone on 07/27/2017. CASE CLOSED(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EXXONMOBIL OIL CORPORATION, Plaintiff, 12 13 Case No. 1:09-cv-01498-AWI-SAB ORDER DIRECTING CLERK OF COURT TO CLOSE CASE v. (ECF No. 211) 14 NICOLETTI OIL, INC., et al., Defendants. 15 16 17 This action was filed on August 24, 2009. (ECF No. 1.) On February 13, 2017, the 18 Court approved the parties’ Purchase and Sale and Settlement Agreement and Mutual Release 19 and retained jurisdiction to enforce the provisions of the Purchase and Sale and Settlement 20 Agreement and Mutual Release and to resolve any disputes arising thereunder or relating thereto. 21 (ECF No. 206.) 22 On July 26, 2017, the parties filed a stipulation dismissing this action with prejudice with 23 each party to bear its own costs and fees subject to the Court’s February 13, 2017 order retaining 24 jurisdiction to enforce the provisions of the Purchase and Sale and Settlement Agreement and 25 Mutual Release between the parties and to resolve and disputes arising thereunder or relating 26 thereto. (ECF No. 211.) In light of the stipulation of the parties, this action has been terminated, 27 Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), 28 and has been dismissed with prejudice and without an award of costs or attorneys’ fees. 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 1 2 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 3 The Court retains jurisdiction to enforce the provisions of the Purchase and Sale and Settlement 4 Agreement and Mutual Release and to resolve any disputes arising thereunder or relating thereto. 5 6 IT IS SO ORDERED. 7 Dated: July 27, 2017 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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