Gray v. Elliott Family Construction, LLC
ORDER DIRECTING THE CLERK TO CLOSE THE CASE, signed by Magistrate Judge Jennifer L. Thurston on 2/6/2017. CASE CLOSED. (Hall, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
) Case No.: 1:16-cv-00156 JLT
) ORDER DIRECTING THE CLERK TO CLOSE
) THIS CASE
ELLIOTT FAMILY CONSTRUCTION LLC, )
On February 3, 2017, the parties filed a stipulation for the dismissal of the action. (Doc. 31)
Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a
court order by filing: . . . a stipulation of dismissal signed by all parties who have appeared.”. . .” Fed.
R. Civ. P. 41(a). Once such a notice has been filed, an order of the Court is not required to make the
dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th
Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action in light of the notice
of dismissal with prejudice filed and properly signed pursuant to Rule 41(a).
IT IS SO ORDERED.
February 6, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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