Brooke v. Yehs Family Revocable Trust

Filing 7

ORDER Directing Clerk of the Court to Close this Action Pursuant to Plaintiff's Notice of Voluntary Dismissal signed by Magistrate Judge Jennifer L. Thurston on 10/26/2016. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THERESA BROOKE,

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Plaintiff,
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v.
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YEHS FAMILY REVOCABLE TRUST, dba )
Rodeway Inn & Suites Bakersfield,
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Defendant.
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Case No.: 1:16-cv-01416-LJO- JLT
ORDER DIRECTING CLERK OF THE COURT TO
CLOSE THIS ACTION PURSUANT TO
PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL
(Doc. 6)

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On October 24, 2016, Plaintiff filed a “Notice of Voluntary Dismissal with Prejudice” pursuant

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to Rule 41(a)(1), which provides that “the plaintiff may dismiss an action without a court order by

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filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for

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summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(ii)). Once such a notice is filed, the action is

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“automatically terminate[d].” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Accordingly, the Court ORDERS: The Clerk of Court is DIRECTED to close this action in
light of the Notice pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

October 26, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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