Wilson v CVS Phamacy, Inc.

Filing 12

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 1/19/2017. CASE CLOSED. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 YOMAIRA WILSON, 12 13 Case No. 1:15-cv-01671 AWI JLT Plaintiff, v. ORDER CLOSING THE CASE (Doc. 11) 14 CVS PHARMACY, INC, 15 Defendant. 16 17 On January 18, 2017, the parties filed a stipulation to dismiss the action. (Doc. 11) The 18 parties agree that the matter will be dismissed with prejudice and that each side will bear their 19 own costs. Id. at 2. 20 Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an 21 action without a court order by filing: . . . a stipulation of dismissal signed by all parties who 22 have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of the 23 Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City 24 of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED 25 to close this action in light of the notice of dismissal with prejudice filed and properly signed 26 pursuant to Rule 41(a). 27 28 IT IS SO ORDERED. Dated: January 19, 2017 /s/ Jennifer L. Thurston 1 UNITED STATES MAGISTRATE JUDGE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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