Theresa Brooke v. Shiv Hotels, LLC

Filing 10

ORDER DIRECTING THE CLERK TO CLOSE THE ACTION, signed by Magistrate Judge Jennifer L. Thurston on 11/15/2016. 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-01509 LJO JLT
ORDER DIRECTING THE CLERK TO CLOSE
THE ACTION

v.
SHIV HOTELS, LLC,
Defendant.

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On November 14, 2016, Plaintiff filed a notice of her voluntary dismissal of the action. (Doc.

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9) According to Rule 41 of the Federal Rules of Civil Procedure, “the plaintiff may dismiss an action

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without a court order by filing: (i) a notice of dismissal before the opposing party serves either an

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answer or a motion for summary judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has

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been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P.

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41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Thus, the Clerk of Court is DIRECTED to close this action in light of the notice of dismissal
with prejudice.

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IT IS SO ORDERED.
Dated:

November 15, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE