Morgan Stanley & Co. LLC et al v. Couch

Filing 60

ORDER CLOSING CASE re 59 signed by Magistrate Judge Jennifer L. Thurston on 2/7/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MORGAN STANLEY & CO. LLC, et al.,

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Plaintiffs,

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v.

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DAVID COUCH,

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Defendant.

) Case No.: 1:15-cv-01291 LJO JLT
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) ORDER CLOSING CASE
) (Doc. 59)
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On February 3, 2017, the parties filed a stipulation to dismiss the case. (Doc. 59) The parties

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agree that the matter will be dismissed with prejudice and that each side will bear their own costs and

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fees. Id. at 2.

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

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without a court order by filing: . . . a stipulation of dismissal signed by all parties who have

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appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of the Court is not

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required to make the dismissal effective. 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). Accordingly, the Clerk of Court is DIRECTED to close this action in

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light of the notice of dismissal with prejudice filed and properly signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

February 7, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE