Hale et al v. Ensign United States Drilling (California) Inc. et al

Filing 71

ORDER Closing the Matter as to Plaintiff Hale 69 , signed by Magistrate Judge Jennifer L. Thurston on 5/22/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHEN HALE, et al.,

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Plaintiffs,

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v.

Case No.: 1:15-CV-01042 DAD JLT
ORDER CLOSING THE MATTER AS TO
PLAINTIFF HALE
(Doc. 69)

ENSIGN UNITED STATES DRILLING
(CALIFORNIA) Inc., et al.,

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Defendants.
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The parties have stipulated that the action will be dismissed as to plaintiff, Stephen Hale, only.

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(Doc. 69) They agree further that the stipulation will not prejudice the defendants from filing a

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dispositive motion related to the individual claims of the remaining named plaintiff and it will not

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impact the defendants’ ability to oppose a motion to amend the pleading to add plaintiffs. Id.

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Notably, Fed.R.Civ.P 41(a) provides, “the plaintiff may dismiss an action without a court

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order by filing: . . . a stipulation of dismissal signed by all parties who have appeared.”. . .” Once such

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a notice has been filed, an order of the Court is not required to make the dismissal effective. Fed. R.

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Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of

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Court is DIRECTED to close this case as to plaintiff, Stephen Hale, only.

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IT IS SO ORDERED.
Dated:

May 22, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE