Tennison v. Lawrence Factor, Inc. et al
ORDER re Notice of Voluntary Dismissal, signed by Chief Judge Lawrence J. O'Neill on 4/9/18. CASE CLOSED. (Marrujo, C)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-CV-00247-LJO-JLT
ORDER RE NOTICE OF VOLUNTARY
LAWRENCE FACTOR, INC., et al.,
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.”
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.
IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE THIS CASE.
24 IT IS SO ORDERED.
/s/ Lawrence J. O’Neill _____
April 9, 2018
UNITED STATES CHIEF DISTRICT JUDGE
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