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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 ) Case No.: 1:15-cv-01105 --- JLT ) Plaintiffs, ) ORDER CLOSING CASE ) v. ) DYNAMIC RECOVERY SERVICES, LLC, ) ) et al., ) ) Defendants. ) BOBBY OWEN, et al., 17 On December 11, 2015, Plaintiff filed a notice of voluntary dismissal of the entire action. 18 (Doc. 7) The notice relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “the 19 plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the 20 opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of 21 dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice 22 has been filed, an order of the Court is not required for the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); 23 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). No defendant has answered or 24 appeared in this action. Moreover, no class has been certified so that no Court approval of the 25 dismissal is required. Fed. R. Civ. P. 23(e). 26 /// 27 /// 28 /// 1 1 Based upon the foregoing, the Court ORDERS: 2 1. 3 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). 4 5 6 7 IT IS SO ORDERED. Dated: December 14, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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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