Kern County Hospital Authority v. Cigna Healthcare of California, Inc.

Filing 36

ORDER CLOSING THE CASE as to DEFENDANT GILSBAR LLC, ONLY 35 , signed by Magistrate Judge Jennifer L. Thurston on 1/23/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KERN COUNTY HOSPITAL
AUTHORITY, a California special
health authority, which owns and
operates KERN MEDICAL CENTER

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Case No.:

1:16-CV-00432-DAD-JLT

[PROPOSED] ORDER CLOSING THE
CASE AS TO DISMISS DEFENDANT
GILSBAR LLC ONLY

Plaintiff

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vs.
CIGNA HEALTHCARE OF
CALIFORNIA, INC., a California for
profit corporation; CIGNA HEALTH &
LIFE INSURANCE COMPANY, a
Connecticut for profit corporation;
GILSBAR LLC, a Louisiana limited
liability company; and DOES 3
THROUGH 25, INCLUSIVE

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Defendants.

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On January 20, 2017, the parties filed a stipulation to dismiss the action as to defendant

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Gilsbar only. The parties agree that the matter will be dismissed with prejudice and that each

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side will bear their own costs.

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Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an
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[PROPOSED] ORDER GRANTING STIPULATION
TO DISMISS DEFENDANT GILSBAR LLC ONLY

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action without a court order by filing: . . . a stipulation of dismissal signed by all parties who

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have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of the

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Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City

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of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED

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to close this action as to defendant Gilsbar only in light of the stipulation of counsel filed and

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properly signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

January 22, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] ORDER GRANTING STIPULATION
TO DISMISS DEFENDANT GILSBAR LLC ONLY