Lobato v. CNC Apex Corp. et al

Filing 34

ORDER Directing the Clerk of the Court to Close Case signed by Magistrate Judge Erica P. Grosjean on 9/13/2017. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RACHEL LOBATO, 11 Plaintiff, 12 13 14 Case No. 1:16-cv-00953-LJO-EPG ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE v. CNC APEX CORP. dba FOSTER’S FREEZE, et al., (ECF No. 33) Defendants. 15 On September 12, 2017, the parties filed a stipulation to dismiss this action with prejudice. 16 (ECF No. 33.) All parties have agreed to the dismissal. Id. In light of the stipulation, the case has 17 ended and is dismissed with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San 18 Jose, 111 F.3d 688, 692 (9th Cir. 1997); Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) 19 20 (“Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”). Accordingly, the Clerk of the 21 Court is DIRECTED to close this case. 22 23 IT IS SO ORDERED. 24 25 Dated: September 13, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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