Paramount Petroleum Corporation v. Amerisure Mutual Insurance Company

Filing 10

ORDER DIRECTING THE CLERK OF COURT TO CLOSE THE CASE, signed by Magistrate Judge Jennifer L. Thurston on 2/6/2017. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PARAMOUNT PETROLEUM
CORPORATION ,

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Plaintiff,

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v.

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AMERISURE MUTUAL INSURANCE
CORPORATION,

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Defendant.

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) Case No.: 1:16-cv-01722 LJO JLT
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) ORDER DIRECTING THE CLERK OF THE
) COURT TO CLOSE THE CASE
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On February 3, 2017, the plaintiff filed a notice of dismissal. (Doc. 9) Federal Rules of Civil

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Procedure Rule 41 provides that “the plaintiff may dismiss an action without a court order by filing: (i)

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

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judgment . . .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is

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not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose,

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111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action

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in light of the notice of dismissal with prejudice filed and properly signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

February 6, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE