Defrenza v. Progressive Express Insurance Company

Filing 35

ORDER Closing the Case, signed by Magistrate Judge Jennifer L. Thurston on 2/15/18. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MICHAEL DEFRENZA, 12 13 14 Plaintiff, v. Case No.: 1:16-cv-00736 AWI JLT ORDER CLOSING THE CASE (Doc. 34) PROGRESSIVE EXPRESS INSURANCE COMPANY, 15 Defendants. 16 17 The parties have stipulated to dismiss the action with prejudice. (Doc. 34) Federal Rules of 18 Civil Procedure 41 permits the plaintiff to dismiss an action without a court order “by filing . . . a 19 stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). 20 Because all parties who have appeared in the action signed the stipulation, it “automatically 21 terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 22 Accordingly, the Clerk of Court is DIRECTED to close this action. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: February 15, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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