Western World Insurance Company v. The Sofiene Company, LLC, et al.

Filing 12

ORDER Directing Clerk of the Court to Close this Action pursuant to Plaintiff's Notice of Voluntary Dismissal, signed by Magistrate Judge Jennifer L. Thurston on 6/5/15. CASE CLOSED. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WESTERN WORLD INSURANCE
COMPANY,

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Plaintiff,
v.
THE SOFIENE COMPANY, LLC dba
VALLEY MEDICAL TRANSPORT;
KRISTINE JONES; ESTATE OF BARRY
JONES; NATIONAL UNION FIRE
INSURANCE COMPANY OF
PITTSBURGH, PA,,
Defendant.

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Case No.: 1:15-cv-00150 - --- - JLT
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS ACTION PURSUANT TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL
(Doc. 11)

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On June 3, 2015 Plaintiff Western World Insurance Company filed a Notice of Voluntary

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Dismissal (Doc. 11) pursuant to 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: (i) a notice of dismissal before the

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

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

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has been filed, an order of the Court is not required to effectuate the dismissal. Fed. R. Civ. Pro.

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41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Because the defendants

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had not yet filed responsive pleadings, Plaintiff was able to file a notice of dismissal, which

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“automatically terminate[d] the action.” Wilson, 111 F.3d at 692.
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Based upon the foregoing, IT IS HEREBY ORDERED:

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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).

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IT IS SO ORDERED.
Dated:

June 5, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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