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