Fowler v. Paris & Paris, LLP et al

Filing 10

ORDER CLOSING THE MATTER, signed by Magistrate Judge Jennifer L. Thurston on 5/18/2015. CASE CLOSED. (Hall, S)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROSENDA FOWLER, Plaintiff, Case No. 1:15-cv-00435 ---JLT ORDER CLOSING THE MATTER 12 v. (Doc. 9) 13 14 PARIS & PARIS LLP, et al., 15 Defendants. 16 17 On May 15, 2015, Plaintiff filed a notice of voluntary dismissal with prejudice pursuant to Federal 18 Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. 9) In relevant part, Rule 41(a)(1)(A) provides as 19 follows: 21 [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. 22 Fed. R. Civ. P. 41(a)(1)(A). "The plaintiff may dismiss some or all of the defendants, or some or all 23 of his claims, through a Rule 41(a)(1) notice," and the dismissal "automatically terminates the action 24 as to the defendants who are the subjects of the notice." Wilson v. City of San Jose, 111 F.3d 688, 25 692 (9th Cir. 1997). Because Plaintiff filed a notice of dismissal of before an answer or motion for 26 summary judgment was filed by Defendants, this case has terminated. Rule 41(a)(1)(A)(i). 27 /// 28 /// 20 1 Accordingly, the Court ORDERS that the Clerk of the Court is to close this case. 2 IT IS SO ORDERED. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 18, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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