Ronald Moore v. Andros et al

Filing 29

Stipulation for Dismissal of Action; ORDER to Close Case, signed by Magistrate Judge Sheila K. Oberto on 9/1/15. CASE CLOSED. (Gonzalez, R)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 RONALD MOORE, 7 8 9 10 Plaintiff, vs. ANN ANDROS, et al., Defendants. 11 12 ) No. 1:14-cv-01460-SKO ) ) STIPULATION FOR DISMISSAL OF ) ACTION; ORDER TO CLOSE CASE ) ) ) ) ) ) ) ) ) 13 14 IT IS HEREBY STIPULATED by and between Plaintiff Ronald Moore and Defendants 15 Ann Andros and California Spaghetti Restaurants, Inc., dba The Old Spaghetti Factory, the 16 parties to this action, by and through their respective counsel, that pursuant to Federal Rule of 17 Civil Procedure 41(a)(1)(A)(ii), the above-captioned action be dismissed with prejudice in its 18 entirety. Each party is to bear its own attorneys’ fees and costs. 19 20 Date: September 1, 2015 MOORE LAW FIRM, P.C. 21 22 /s/ Tanya E. Moore Tanya E. Moore Attorney for Plaintiff Ronald Moore 23 24 25 Date: September 1, 2015 GRAY & THURN INC. 26 27 28 /s/ Robert F. Whitworth Robert F. Whitworth Attorneys for Defendants, Ann Andros and California Spaghetti Restaurants, Inc., dba The Old Spaghetti Factory STIPULATION FOR DISMISSAL OF ACTION; ORDER Page 1 1 ORDER 2 Pursuant to the parties' stipulation, this action has terminated pursuant to Federal Rule 3 4 5 of Civil Procedure 41(a). Rule 41 allows the parties to dismiss an action voluntarily, after service of an answer, by filing a written stipulation to dismiss signed by all of the parties who 6 have appeared, although an oral stipulation in open court will also suffice. 7 McCool, 782 F.2d 1470, 1472-73 (9th Cir. 1986). 8 dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a stipulation of dismissal is 9 effective automatically and does not require judicial approval. Commercial Space Mgmt. Co. 10 Case authority concerning stipulated v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir. 1999). 11 12 See Eitel v. All parties appearing in this action have filed a stipulation for dismissal. Accordingly, the Clerk of the Court is DIRECTED to close this case pursuant to the parties' stipulation. 13 14 IT IS SO ORDERED. 15 Dated: 16 September 1, 2015 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; ORDER Page 2

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