Mosqueda v. Sears Roebuck and Co.

Filing 18

ORDER GRANTING Stipluation to CLOSE the Matter signed by Magistrate Judge Jennifer L. Thurston on 5/5/2016. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALVADOR MOSQUEDA,
Plaintiff,

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ORDER GRANTING STIPULATION TO
CLOSE THE MATTER

v.

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Case No. 1:14-cv-001891--- JLT

SEARS, ROEBUCK AND CO.,
Defendants.

(Doc. 17)

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On May 4, 2016, the parties filed a stipulation to dismiss the matter. (Doc. 17) The

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stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “the plaintiff

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may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing

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party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal

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signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Once the parties file such a

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notice, a Court order is not required to dismiss the case. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City

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of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close

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this action in light of the notice of dismissal without prejudice filed and properly signed pursuant to

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Rule 41(a)(1)(A)(ii).

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IT IS SO ORDERED.
Dated:

May 5, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE