Vaquero Energy, Inc. v. Herda et al

Filing 52

STIPULATION and ORDER CLOSING CASE signed by Magistrate Judge Jennifer L. Thurston on 11/18/2015. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VAQUERO ENERGY, INC.,
Plaintiff,

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v.
JEFF HERDA, an individual and doing
business as INTEGRATED CONTROL
SYSTEMS, BRAXBRO, INC., a Nevada
corporation and doing business as
INTEGRATED CONTROL SYSTEMS, a
corporation ,
Defendant.

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Case No.: 1:15-cv-00967 - JLT
ORDER CLOSING CASE BASED UPON THE
STIPULATED DISMISSAL
(Doc. 48)

On November 17, 2015, the parties filed a stipulation seeking to dismiss the action. (Doc. 48)

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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 for the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v.

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City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Based upon the foregoing, IT IS HEREBY

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ORDERED:

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1.

All pending hearings and deadlines are VACATED;

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2.

The Clerk of Court is DIRECTED to close this action in light of the notice of dismissal
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with prejudice filed and properly signed pursuant to Rule 41(a)(1)(A)(ii).

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IT IS SO ORDERED.
Dated:

November 18, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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