Floro M. Ybanez v. D. Scott Carruthers, A Professional Law Corporation
ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 2/28/2017. CASE CLOSED. (Hall, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FLORO M. YBANEZ,
[PROPOSED] ORDER CLOSING CASE
D. SCOTT CARRUTHERS, A Professional Law
Case No.: 1:17-cv-00081-DAD-JLT
The parties have filed as stipulation to dismiss this action with prejudice, with each party to
bear their own attorney fees and costs. (Doc. 7) The stipulation relies on Fed. R. Civ.P. 41(a)(1)
which provides, “the plaintiff may dismiss an action without a court order by filing: . . . a stipulation
of dismissal signed by all parties who have appeared.”. . .” Fed. R. Civ. P. 41(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). Thus, the Clerk of Court
is DIRECTED to close this action in light of the stipulation signed pursuant to Rule 41(a).
IT IS SO ORDERED.
February 28, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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