Maersk Line v. Monarch Nut Company, LLC
Filing
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ORDER CLOSING THE MATTER, signed by Magistrate Judge Jennifer L. Thurston on 9/14/2015. CASE CLOSED. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MAERSK LINE,
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Plaintiff,
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v.
MONARCH NUT COMPANY LLC aka
MONARCH NOT CO.,
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Defendant.
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) Case No.: 1:15-cv-00578 JLT
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) ORDER CLOSING THE MATTER
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) (Doc. 7)
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On September 10, 2015, the parties filed a stipulation seeking to dismiss the action. (Doc. 7)
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The 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 such a notice has been
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filed, an order of the Court is not required to effectuate the dismissal. Fed. R. Civ. P. 41(a)(1)(ii);
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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).
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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)(1)(A)(ii).
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IT IS SO ORDERED.
Dated:
September 14, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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