Owen v. Dynamic Recovery Services, LLC et al

Filing 8

ORDER CLOSING CASE signed by Magistrate Judge Jennifer L. Thurston on 12/14/2015. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 1:15-cv-01105 --- JLT
)
Plaintiffs,
) ORDER CLOSING CASE
)
v.
)
DYNAMIC RECOVERY SERVICES, LLC, )
)
et al.,
)
)
Defendants.
)
BOBBY OWEN, et al.,

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On December 11, 2015, Plaintiff filed a notice of voluntary dismissal of the entire action.

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(Doc. 7) The notice relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “the

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plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the

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opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of

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dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice

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has been filed, an order of the Court is not required for 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). No defendant has answered or

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appeared in this action. Moreover, no class has been certified so that no Court approval of the

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dismissal is required. Fed. R. Civ. P. 23(e).

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///

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Based upon the foregoing, the Court ORDERS:

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1.

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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:

December 14, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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