Sharp et al v. Soest et al

Filing 38

ORDER Closing the Matter as to Airborne Global Solutions, Inc. and Air Transport Services Group ONLY re 37 , signed by Magistrate Judge Jennifer L. Thurston on 12/16/2015. Defendants Airborne Global Solutions, Inc. and Air Transport Services Group TERMINATED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN SHARP, et al.,

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Plaintiffs,
v.
ERNEST DEAN SOEST, et al,

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Defendants.

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Case No.: 1:15-cv-01162 --- JLT
ORDER CLOSING THE MATTER AS TO
AIRBORNE GLOBAL SOLUTIONS, INC. AND
AIR TRANSPORT SERVICES GROUP ONLY
(Doc. 37)

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On December 15, 2015, Plaintiffs and Defendants, Cargo Aircraft Management, Inc., Airborne

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Global Solutions, Inc. and Air Transport Services Group, Inc., filed a stipulation in which Plaintiffs

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agree to “discontinue” their claims against Airborne Global Solutions, Inc. and Air Transport Services

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Group, Inc. (Doc. 37) Notably, only these Defendants have appeared in the action. (Docs. 16, 17)

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Rule 41 of the Federal Rules of Civil Procedure, provides that “the plaintiff may dismiss an

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action without a court order by filing: (i) a notice of dismissal before the opposing party serves either

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an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties

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who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the

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Court is not required for the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111

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F.3d 688, 692 (9th Cir. 1997).

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Based upon the foregoing, the Court ORDERS:

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The Clerk of Court is DIRECTED to close the action as to Airborne Global Solutions,
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Inc. and Air Transport Services Group, Inc. ONLY without prejudice, in light of the stipulation (Doc.

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37) filed and properly signed pursuant to Rule 41(a)(1)(A)(ii).

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IT IS SO ORDERED.
Dated:

December 16, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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