Wonderful Pistachios & Almonds LLC, et al. v. Factory Mutual Insurance Company

Filing 13

ORDER Directing the Clerk to CLOSE the Action Based Upon the Parties' Stipulation for Dismissal Without Prejudice, signed by Magistrate Judge Jennifer L. Thurston on 5/31/2017. 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 WONDERFUL PISTACHIOS & ALMONDS LLC, et al., 12 13 14 15 Plaintiffs, v. FACTORY MUTUAL INSURANCE COMPANY, Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-00289- AWI-JLT ORDER DIRECTING THE CLERK TO CLOSE THE ACTION BASED UPON THE PARTIES’ STIPULATION FOR DISMISSAL WITHOUT PREJUDICE (Doc. 12) 17 18 Wonderful Pistachios & Almonds LLC, Wonderful Orchards LLC, and the Wonderful 19 Company LLC and Defendant Factory Mutual Insurance Company stipulated to dismiss the action 20 without prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure. Under Rule 41, “the 21 plaintiff may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by 22 all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). 23 Because all parties who have appeared in the action signed the stipulation (Doc. 12), it 24 “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 25 Accordingly, the Clerk of Court is DIRECTED to close this action. 26 27 28 IT IS SO ORDERED. Dated: May 31, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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