Morgan Stanley & Co. LLC et al v. Couch
ORDER CLOSING CASE re 59 signed by Magistrate Judge Jennifer L. Thurston on 2/7/2017. CASE CLOSED. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MORGAN STANLEY & CO. LLC, et al.,
) Case No.: 1:15-cv-01291 LJO JLT
) ORDER CLOSING CASE
) (Doc. 59)
On February 3, 2017, the parties filed a stipulation to dismiss the case. (Doc. 59) The parties
agree that the matter will be dismissed with prejudice and that each side will bear their own costs and
fees. Id. at 2.
Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action
without a court order by filing: . . . a stipulation of dismissal signed by all parties who have
appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of the Court is not
required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111
F.3d 688, 692 (9th Cir. 1997). Accordingly, 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).
IT IS SO ORDERED.
February 7, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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