Paramount Petroleum Corporation v. Amerisure Mutual Insurance Company
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
AMERISURE MUTUAL INSURANCE
) Case No.: 1:16-cv-01722 LJO JLT
) ORDER DIRECTING THE CLERK OF THE
) COURT TO CLOSE THE CASE
On February 3, 2017, the plaintiff filed a notice of dismissal. (Doc. 9) 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.
February 6, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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