Tagliabue v. J.C. Penney Corporation, Inc.

Filing 31

ORDER RE 30 Stipulation to Dismiss and DIRECTING Clerk of the Court to Close this Action, signed by Magistrate Judge Stanley A. Boone on 09/26/2016.CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARED TAGLIABUE,

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Case No. 1:15-cv-01443-SAB

Plaintiff,

ORDER RE STIPULATION TO DISMISS
AND DIRECTING CLERK OF THE COURT
TO CLOSE THIS ACTION

v.

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J.C. PENNEY CORPORATION, INC.,

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(ECF No. 30)

Defendant.

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On September 23, 2016, the parties filed a stipulation to dismiss with prejudice this

19 action, with the exception of any class action claims or representative action claims which are
20 dismissed without prejudice. Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a “plaintiff
21 may dismiss an action without a court order by filing a stipulation of dismissal signed by all
22 parties who have appeared.” “[A] dismissal under Rule 41(a)(1) is effective on filing, no court
23 order is required, the parties are left as though no action had been brought, the defendant can’t
24 complain, and the district court lacks jurisdiction to do anything about it.” Commercial Space
25 Mgmt. Co., Inc. v. Boing Co., Inc., 193 F.3d 1074, 1078 (9th Cir. 1999).
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Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this

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2 case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).
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IT IS SO ORDERED.

6 Dated:

September 26, 2016
UNITED STATES MAGISTRATE JUDGE

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