Regal Art & Gift, Inc. v. Opportunities, Inc.

Filing 13

ORDER directing Clerk of Court to close case signed by Magistrate Judge Michael J. Seng on 9/25/2014. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGAL ART & GIFT, INC.,

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No. 1:14-CV-0972----MJS

Plaintiff,
v.

ORDER DIRECTING CLERK OF COURT
TO CLOSE CASE

OPPORTUNITIES, INC.,
Defendant.

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On September 24, 2014, Plaintiff filed a Notice of Voluntary Dismissal with

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Prejudice of this entire action pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(i)

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which provides in relevant part:

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[A] plaintiff may dismiss an action without a court order by filing: (i) a notice of

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dismissal before the opposing party serves either an answer or a motion for

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summary of judgment.

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Such a Rule 41 (a)(1) notice of dismissal “automatically terminates the action as

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to the defendants who are subjects of the notice.” Wilson v. City of San Jose, 111F. 3d

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688, 692 (9th Cir. 1997).

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Plaintiff’s Notice of Dismissal complies with the provisions of Rule 41 (a)(1)(A)(i).

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Accordingly, it is ORDERED that this action is DISMISSED in its entirety with prejudice
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and the Clerk shall CLOSE the case.

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IT IS SO ORDERED.
Dated:

September 25, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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