Brooke v. Liljenquist Modesto Company, LLC
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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THERESA BROOKE,
Plaintiff,
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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)
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Defendant.
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On December 15, 2016, the plaintiff filed a voluntary dismissal of the action. (Doc. 11)
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Federal Rules of Civil Procedure Rule 41 provides that “the plaintiff may dismiss an action without a
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court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a
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motion for summary judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an
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order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson
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v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED
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to close this action in light of the notice of dismissal with prejudice filed and properly signed pursuant
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to Rule 41(a).
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IT IS SO ORDERED.
Dated:
December 19, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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