MCI Communications Services, Inc. et al v. Security Paving Company, Inc.

Filing 40

ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS CASE, signed by Magistrate Judge Jennifer L. Thurston on 12/19/2016. 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 MCI COMMUNICATIONS SERVICES, INC., et al., 12 Plaintiffs, Case No. 1:15-CV-01940-LJO-JLT ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THIS CASE 13 v. 14 SECURITY PAVING COMPANY, INC., 15 Defendant. 16 17 On December 19, 2016, the parties filed a stipulation to dismiss the action. (Doc. 39) 18 Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action 19 without a court order by filing: “the plaintiff may dismiss an action without a court order by filing 20 . . . a stipulation of dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). 21 Once such a notice has been filed, an order of the Court is not required to make the dismissal 22 effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 23 1997). Accordingly, the Clerk of Court is DIRECTED to close this action in light of the notice 24 of dismissal with prejudice filed and properly signed pursuant to Rule 41(a). 25 IT IS SO ORDERED. 26 27 28 Dated: December 19, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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