Williams v. United States of America et al

Filing 40

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 5/11/2017. CASE CLOSED. (Hall, S)

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PHILLIP A. TALBERT
United States Attorney
JEFFREY J. LODGE
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANKIE CALVIN WILLIAMS,

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Plaintiff,

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v.

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UNITED STATES OF AMERICA,

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Defendant.

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Case No. 1:15-cv-01347-DAD-JLT
STIPULATION FOR DISMISSAL
WITH PREJUDICE; PROPOSED
ORDER CLOSING CASE

Pursuant to the terms of a written settlement and Rule 41(a) of the Rules of Civil Procedure,

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the parties hereby stipulate that the Complaint filed on September 2, 2015, be dismissed with

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prejudice, each party to bear their own attorney fees and costs.

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IT IS SO STIPULATED.
Dated: May 11, 2017

PHILLIP A. TALBERT
United States Attorney

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By:

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Dated: May 11, 2017

/s/Jeffrey J. Lodge
JEFFREY J. LODGE
Assistant U.S. Attorney
Attorneys for the United States
CHAIN COHN STILES

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(As authorized 05/11/17)

By:

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/s/Matthew C. Clark
MATTHEW C. CLARK
Attorneys for Plaintiff

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STIPULATION FOR DISMISSAL WITH PREJUDICE;
[PROPOSED] ORDER

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[PROPOSED] ORDER

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As noted above, the parties have stipulated to dismiss this action with prejudice and with each

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party to bear their own attorney fees and costs. (Doc. 39) The stipulation relies on Fed. R. Civ.P.

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41(a) which provides, “the plaintiff may dismiss an action without a court order by filing: . . . a

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stipulation of dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once

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such a notice has been filed, an order of the Court is not required to make the dismissal effective.

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Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the

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Clerk of Court is DIRECTED to close this action in light of the stipulation signed pursuant to Rule

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41(a).

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IT IS SO ORDERED.
Dated:

May 11, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR DISMISSAL WITH PREJUDICE;
[PROPOSED] ORDER

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