Torres v. Gruma Corporation

Filing 8

ORDER DIRECTING the Clerk of Court to Administratively Close Case, signed by Magistrate Judge Gary S. Austin on 2/18/2015. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMIRO TORRES, an individual, on
behalf of himself and others similarly
situated,

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Plaintiff,
v.
GRUMA CORPORATION; and DOES 1
to 50, inclusive,

1:15-cv-00217---GSA

ORDER DIRECTING THE CLERK OF
COURT TO ADMINISTRATIVELY
CLOSE CASE
(ECF No. 7)

Defendant.

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On February 17, 2015, Plaintiff filed a Notice of Voluntary Dismissal against Defendant
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(ECF No. 7) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).
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In relevant part, Rule 41(a)(1)(A) provides as follows:
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[A] plaintiff may dismiss an action with a court order by filing: (i) a notice of
dismissal before the opposing party serves either an answer or a motion for
summary judgment; or (ii) a stipulation of dismissal signed by all parties who
have appeared.

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Fed. R. Civ. P. 41(a)(1)(A). Rule 41(a)(1)(B) further provides that a dismissal pursuant to
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Rule 41(a)(1)(A) is without prejudice “[u]nless the notice or stipulation states otherwise.”

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Once a party files a notice of voluntary dismissal, no order of the court is necessary to
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effectuate dismissal. Entry of such a dismissal is effective automatically and does not require
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judicial approval. Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1077 (9th Cir.

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1999); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997) ("The plaintiff may dismiss

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some or all of the defendants, or some or all of his claims, through a Rule 41(a)(1) notice," and

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the dismissal "automatically terminates the action as to the defendants who are the subjects of the

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notice").

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Because Plaintiff has filed a Notice of Dismissal against the Defendant under Rule

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41(a)(1)(A)(i) without prejudice, this case has terminated. Fed. R. Civ. P. 41(a)(1)(A)(i).

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Accordingly, the Clerk of the Court is ORDERED to administratively close this case.

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IT IS SO ORDERED.
Dated:

February 18, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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