Floro M. Ybanez v. D. Scott Carruthers, A Professional Law Corporation

Filing 8

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 2/28/2017. CASE CLOSED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FLORO M. YBANEZ,

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Plaintiff,

[PROPOSED] ORDER CLOSING CASE

vs.
D. SCOTT CARRUTHERS, A Professional Law
Corporation,
Defendant.

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Case No.: 1:17-cv-00081-DAD-JLT

The parties have filed as stipulation to dismiss this action with prejudice, with each party to

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bear their own attorney fees and costs. (Doc. 7) The stipulation relies on Fed. R. Civ.P. 41(a)(1)

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which provides, “the plaintiff may dismiss an action without a court order by filing: . . . a stipulation

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of dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice

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has 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). Thus, the Clerk of Court

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is DIRECTED to close this action in light of the stipulation signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

February 28, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE