McMillan v. Lowe's Home Centers, LLC et al

Filing 97

ORDER Directing Clerk to Close Case signed by Magistrate Judge Sheila K. Oberto on 07/13/2017. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GLENN MCMILLAN, individually, and on behalf of all other similarly situated, 10 Plaintiff, 11 v. 12 13 ORDER DIRECTING CLERK TO CLOSE CASE (Doc. 96) LOWE’S HOME CENTERS, LLC, et al., 14 Case No. 1:15-cv-00695-DAD-SKO Defendants. _____________________________________/ 15 16 17 On July 12, 2017, the parties filed a Joint Stipulation of Dismissal with Prejudice, in which 18 the parties notified the Court “that all claims asserted in the Complaint by [Plaintiff], in his 19 individual capacity, are hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 20 41(a)(1)(A)(ii), but without prejudice as to any claims of the putative class members.” (Doc. 96 at 21 2.) This stipulation is signed by all parties who have appeared in this action. (See id.) As such, 22 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff has voluntarily dismissed (1) 23 the claims Plaintiff brought in his individual capacity with prejudice, and (2) the claims of the 24 putative class members without prejudice. As all claims in this matter have been voluntarily 25 dismissed, the Court DIRECTS the Clerk to close this case. 26 27 IT IS SO ORDERED. 28 Dated: July 13, 2017 /s/ Sheila K. Oberto . 1 UNITED STATES MAGISTRATE JUDGE 2 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 2

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