Brooke v. Liljenquist Modesto Company, LLC

Filing 12

ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS CASE, signed by Magistrate Judge Jennifer L. Thurston on 12/19/2016. CASE CLOSED. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THERESA BROOKE, Plaintiff, 12 13 14 Case No.: 1:16-cv-1454-DAD- JLT ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE THIS CASE v. LILJENQUIST MODESTO COMPANY, LLC, dba Modesto Hotel, (Doc. 11) 15 Defendant. 16 17 18 On December 15, 2016, the plaintiff filed a voluntary dismissal of the action. (Doc. 11) 19 Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a 20 court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a 21 motion for summary judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an 22 order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson 23 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED 24 to close this action in light of the notice of dismissal with prejudice filed and properly signed pursuant 25 to Rule 41(a). 26 27 28 IT IS SO ORDERED. Dated: December 19, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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