J & J Sports Productions, Inc. v. Ariel Diaz

Filing 6

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 6/30/2015. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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Plaintiff,
v.

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ARIEL DIAZ, et al.,
Defendant.

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Case No.: 1:15-cv-00332 LJO JLT
ORDER DIRECTING CLERK OF THE COURT
TO CLOSE THIS ACTION PURSUANT TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL
(Doc. 5)

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On June 29, 2015 Plaintiff Western World Insurance Company filed a Notice of Voluntary

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Dismissal (Doc. 5) 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. P.

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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 is 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 30, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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