St. Paul Mercury Insurance Company v. Centex Homes, et al.

Filing 14

ORDER CLOSING CASE signed by Magistrate Judge Jennifer L. Thurston on 2/11/2016. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ST. PAUL MERCURY INSURANCE
COMANY,
Plaintiffs,
v.
CENTEX HOMES, et al.,
Defendants.

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) Case No.: 1:15-cv-01542 --- JLT
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) ORDER CLOSING CASE
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On the February 9, 2016, the parties filed a stipulation to dismiss the matter. (Doc. 13) The

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stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “the plaintiff may

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

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

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

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

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Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this action

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in light of the notice of dismissal without prejudice filed and properly signed pursuant to Rule

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41(a)(1)(A)(ii).

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IT IS SO ORDERED.
Dated:

February 11, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE