Phillips 66 Company v. California Pride, Inc., et al.

Filing 36

ORDER directing the Clerk of Court to close case re 35 signed by Magistrate Judge Sheila K. Oberto on 5/8/2018. CASE CLOSED. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

PHILLIPS 66 COMPANY,

12

Plaintiff,

13
14

v.

No. 1:16-cv-01102-LJO-SKO

ORDER DIRECTING THE CLERK OF THE
COURT TO CLOSE THE CASE

CALIFORNIA PRIDE, INC., et al.,
(Doc. 35)

15

Defendants.

16
17
18

On May 7, 2018, Plaintiff filed a Notice of Dismissal, in which Plaintiff notifies the Court

19

of the dismissal of its claims against Defendants Steven Coldren and Rebecca Coldren without

20

prejudice.1 (Doc. 35.) Plaintiff filed this notice before Defendants Steven Coldren and Rebecca

21

Coldren served either an answer or a motion for summary judgment. As such, Plaintiff has

22

voluntarily dismissed this matter without prejudice pursuant to Federal Rule of Civil Procedure

23

41(a)(1)(A)(i). The Court therefore DIRECTS the Clerk to close this case.

24
25
1

26
27
28

Although Plaintiff in its Notice of Dismissal (the “Notice”) notifies the Court of the dismissal of its claims against
Defendants Steven Coldren and Rebecca Coldren, the Court notes that the Notice is titled “Notice of Dismissal of All
Claims Against California Pride, Inc.” (emphasis added). However, the Court entered its final default judgment
against Defendant California Pride, Inc., on August 16, 2017. (See Doc. 29.) Thus, the only defendants that remain
in the case are Steven Coldren and Rebecca Coldren, against whom Plaintiff seeks dismissal of its claims in its
Notice.

1
2

IT IS SO ORDERED.
Dated:

May 8, 2018

/s/

3

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.