R.F. vs Delano Union School District

Filing 34

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 5/4/2017. CASE CLOSED. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 R.F. though his guardian ad litem, 12 13 Plaintiff, Case No.: 1:16-cv-01796 LJO JLT ORDER CLOSING CASE vs. 14 Delano Union School District, 15 Defendant. 16 17 The parties have filed as stipulation to dismiss this action with prejudice, with each party to 18 bear their own attorney fees and costs. (Doc. 33) Federal Rules of Civil Procedure 41(a)(1) 19 provides, “the plaintiff may dismiss an action without a court order by filing: . . . a stipulation of 20 dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice 21 has been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 22 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court 23 is DIRECTED to close this action in light of the stipulation signed pursuant to Rule 41(a). 24 25 26 27 28 IT IS SO ORDERED. Dated: May 4, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROPOSED ORDER

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