Desautels v. Kmart, et al
ORDER DIRECTING THE CLERK TO CLOSE THIS CASE, signed by Magistrate Judge Jennifer L. Thurston on 12/19/2016. CASE CLOSED. (Hall, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No.: 1:16-CV-0483- JLT
ORDER DIRECTING THE CLERK TO CLOSE
On December 16, 2016, the parties parties filed a stipulation to dismiss the action. (Doc. 13)
Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a
court order by filing: “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 without prejudice filed and properly signed pursuant to Rule 41(a).
IT IS SO ORDERED.
December 19, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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