Willard v. Moreno

Filing 49

ORDER DISMISSING CASE Pursuant to Stipulation signed by Magistrate Judge Jennifer L. Thurston on 6/30/2017. CASE CLOSED. (Jessen, A)

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RIVERA & ASSOCIATES

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1425 River Park Drive, Suite 250
Sacramento, California 95815

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Tel: [phone] Fax: [phone]

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Jesse M. Rivera, SBN 84259
Shanan L. Hewitt, SBN 200168
Jonathan B. Paul, SBN 215884
Jill B. Nathan, SBN 186136
Glen A. Williams, SBN 257665

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Attorneys for Defendant,
L. MORENO

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA WILLARD,
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Plaintiff,

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vs.

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L. MORENO,

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Defendant.
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CASE NO:1:14-cv-00521-LJO-JLT PC
STIPULATED DISMISSAL WITH
PREJUDICE [FRCP 41(a)(1)]
(Doc. 48)

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It is hereby stipulated, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure,

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by and between Plaintiff JOSHUA WILLARD, appearing in pro per, and Defendant L.

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MORENO, by and through his attorney Shanan L. Hewitt, that this action is dismissed in its

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entirety with prejudice.

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In consideration of the Stipulation entered by the above-named parties to the United

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States District Court Eastern District of California action, Willard v. Moreno, Case 1:14-cv-

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00521-LJO-JLT PC, this action is dismissed with prejudice pursuant to Federal Rule of Civil

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Procedure 41(a)(1) with the parties mentioned herein to bear their own fees and costs.

Stipulated Dismissal with Prejudice [FRCP 41(a)(1)]
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Dated: June 30, 2017

/s/ Joshua Willard
JOSHUA WILLARD
Plaintiff, In Pro Per

Dated: June 30, 2017

/s/ Shanan L. Hewitt
SHANAN L. HEWITT
Attorney for Defendant
L. MORENO

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ORDER

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The parties have stipulated to dismiss this case with each party to bear their own attorney’s fees

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and costs. The stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “the

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plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all

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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

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terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly,

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the Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.

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Dated:

June 30, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulated Dismissal with Prejudice [FRCP 41(a)(1)]
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