Tennison v. Lawrence Factor, Inc. et al

Filing 50

ORDER re Notice of Voluntary Dismissal, signed by Chief Judge Lawrence J. O'Neill on 4/9/18. CASE CLOSED. (Marrujo, C)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 4 STEPHANIE TENNISON, Case No. 1:16-CV-00247-LJO-JLT ORDER RE NOTICE OF VOLUNTARY DISMISSAL Plaintiff, 5 vs. 6 LAWRENCE FACTOR, INC., et al., 7 Defendants. 8 9 10 On April 2, 2018 Plaintiffs filed a notice indicating that, in light of a settlement reached 11 by all parties, Plaintiffs request dismissal of this lawsuit pursuant to Fed. R. Civ. P. 41(a). ECF 12 No. 49. As the record reveals that the notice is not in the form of a stipulation or a “dismissal 13 [filed] before the opposing party serves either an answer or a motion for summary judgment,” 14 see ECF No. 8 (Defendants’ Answer), the matter cannot be disposed of Pursuant to Rule 15 41(a)(1)(A). Therefore, approval by the Court is required under Rule 41(a)(2). Where no 16 objection has been received to a dismissal request under this provision, dismissal may be made 17 “on terms that the court considers proper.” 18 Plaintiffs’ request is for dismissal with prejudice, each side to bear its own costs and 19 fees. ECF No. 49. As this is requested pursuant to a settlement agreement and no party has 20 objected to these terms, the Court approves the request and HEREBY ORDERS that this matter 21 be DISMISSED WITH PREJUDICE, each side to bear its own costs and fees. 22 IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE THIS CASE. 23 24 IT IS SO ORDERED. 25 26 Dated: /s/ Lawrence J. O’Neill _____ April 9, 2018 UNITED STATES CHIEF DISTRICT JUDGE 27 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?