Alcocer v. Enhanced Resource Centers

Filing 13

ORDER Directing the Clerk to Close the Action Based Upon the Parties' Stipulation for Dismissal With Prejudice signed by Magistrate Judge Jennifer L. Thurston on 7/20/2017. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 HECTOR ALCOCER, 11 12 13 Plaintiff, v. ENHANCED RESOURCE CENTER, 14 Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01872 DAD JLT ORDER DIRECTING THE CLERK TO CLOSE THE ACTION BASED UPON THE PARTIES’ STIPULATION FOR DISMISSAL WITH PREJUDICE (Doc. 20) 15 16 On July 19, 2017, the parties filed a stipulation to dismiss the action with prejudice and with 17 each side bearing their own costs and fees. They rely on Rule 41 of the Federal Rules of Civil 18 Procedure which permits the plaintiff to dismiss an action without a court order “by filing . . . a 19 stipulation of dismissal signed by all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). 20 Because all parties who have appeared in the action signed the stipulation (Doc. 20), it “automatically 21 terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, 22 the Clerk of Court is DIRECTED to close this action. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: July 20, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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