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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 STEPHEN HALE, et al., 12 Plaintiffs, 13 14 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., 15 Defendants. 16 17 The parties have stipulated that the action will be dismissed as to plaintiff, Stephen Hale, only. 18 (Doc. 69) They agree further that the stipulation will not prejudice the defendants from filing a 19 dispositive motion related to the individual claims of the remaining named plaintiff and it will not 20 impact the defendants’ ability to oppose a motion to amend the pleading to add plaintiffs. Id. 21 Notably, Fed.R.Civ.P 41(a) provides, “the plaintiff may dismiss an action without a court 22 order by filing: . . . a stipulation of dismissal signed by all parties who have appeared.”. . .” Once such 23 a notice has been filed, an order of the Court is not required to make the dismissal effective. Fed. R. 24 Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of 25 Court is DIRECTED to close this case as to plaintiff, Stephen Hale, only. 26 27 28 IT IS SO ORDERED. Dated: May 22, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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