Gray v. Elliott Family Construction, LLC

Filing 32

ORDER DIRECTING THE CLERK TO CLOSE THE CASE, signed by Magistrate Judge Jennifer L. Thurston on 2/6/2017. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR GRAY,

) Case No.: 1:16-cv-00156 JLT
)
Plaintiff,
) ORDER DIRECTING THE CLERK TO CLOSE
) THIS CASE
v.
)
ELLIOTT FAMILY CONSTRUCTION LLC, )
)
Defendant.
)

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On February 3, 2017, the parties filed a stipulation for the dismissal of the action. (Doc. 31)

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Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a

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court order by filing: . . . a stipulation of dismissal signed by all parties who have appeared.”. . .” Fed.

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R. Civ. P. 41(a). Once such a notice has been filed, an order of the Court is not required to make the

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dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th

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Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action in light of the notice

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of dismissal with prejudice filed and properly signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

February 6, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE