Lawrence v. Schlumberger Technology Corporation

Filing 40

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 9/30/2015. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH LAWRENCE, Plaintiff, 12 13 14 v. SCHLUMBERGER TECHNOLOGY CORPORATION, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00524 JLT ORDER CLOSING CASE (Doc. 39) On September 29, 2015, the parties filed a stipulation seeking to dismiss the action. 17 18 (Doc. 39) The stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure, under which 19 “the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the 20 opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of 21 dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice 22 has been filed, an order of the Court is not required to effectuate the dismissal. Fed. R. Civ. P. 23 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 24 Based upon the foregoing, IT IS HEREBY ORDERED: 25 1. 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). 26 27 28 IT IS SO ORDERED. Dated: September 30, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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