Richmond v. Mission Bank

Filing 58

ORDER Directing Clerk of the Court to CLOSE THIS ACTION Pursuant to the Stipulation for Dismissal, signed by Magistrate Judge Jennifer L. Thurston on 7/17/2015. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAN RICHMOND,
Plaintiff,

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v.

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MISSION BANK, et al.,
Defendants.

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Case No.: 1:14-cv-00184 JLT
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS ACTION PURSUANT TO THE
STIPULATION FOR DISMISSAL
(Doc. 57)

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On July 16, 2015, the parties filed a stipulation seeking to dismiss the action. (Doc. 57) The

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stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “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). Once such a notice has been filed, an

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order of the Court is not required to effectuate the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v.

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City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Based upon the foregoing, IT IS HEREBY ORDERED:

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The Clerk of Court is DIRECTED to close this action in light of the notice of dismissal
with prejudice filed and properly signed pursuant to Rule 41(a)(1)(A)(ii).

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IT IS SO ORDERED.
Dated:

July 17, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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