Rodney Mark Root v. Golden Eagle Insurance Corporation

Filing 33

ORDER DIRECTING Clerk of the Court to Close This Action Pursuant to the Parties' Stipulation to Dismiss With Prejudice re 32 , signed by Magistrate Judge Jennifer L. Thurston on 2/28/2013. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY MARK ROOT,

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Plaintiff,
v.

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GOLDEN EAGLE INSURANCE CORP.,

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Defendant.

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Case No.: 1:12-cv-00727 - JLT
ORDER DIRECTING CLERK OF THE COURT TO
CLOSE THIS ACTION PURSUANT TO THE
PARTIES’ STIPULATION TO DISMISS WITH
PREJUDICE
(Doc. 32)

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On February 26, 2013, Plaintiff Rodney Mark Root filed a stipulation for dismissal of the

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action with prejudice. (Doc. 32). Under the Federal Rules of Civil Procedure, “the plaintiff may

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dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party

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serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by

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all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Accordingly, the parties may dismiss an

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action by filing a written stipulation to dismiss signed by all of the parties who have appeared. Id.; see

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also Carter v. Beverly Hills Sav. & Loan Asso., 884 F.2d 1186, 1191 (9th Cir. 1989).

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Here, the stipulation was signed by Plaintiff and defendant Golden Eagle Insurance

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Corporation. (Doc. 32). The parties stipulated that “Plaintiff’s entire complaint against Golden Eagle

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Insurance Corporation, a New Hampshire corporation, including all causes of action alleged therein, is

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hereby dismissed with prejudice.” Id. at 1.

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Based upon the foregoing, IT IS HEREBY ORDERED:
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1. The stipulation GRANTED;

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2. The matter is DISMISSED WITH PREJUDICE;

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3. The Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.

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Dated:

February 28, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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