Garcia v. Kakish et al

Filing 47

ORDER DIRECTING the Clerk to Close the Action, signed by Magistrate Judge Jennifer L. Thurston on 3/5/19. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUSTIN GARCIA and ANDREW GARCIA,
Plaintiffs,

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v.
MUSHEER A. KAKISH, et al.,

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Defendants.

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Case No.: 1:17-cv-0374-LJO- JLT
ORDER DIRECTING THE CLERK TO CLOSE
THE ACTION
(Doc. 46)

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On March 4, 2019, the parties filed a “Request for Dismissal with Prejudice,” indicating the all

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parties agreed to “dismiss the entire action with prejudice.” (Doc. 46 at 2) Pursuant to Fed.R.Civ.P.

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41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of

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dismissal signed by all parties who have appeared.” Because all parties who have appeared signed the

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stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692

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(9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii).

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Accordingly, based upon the stipulation of the parties, the Clerk of Court is DIRECTED to
close this action.

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IT IS SO ORDERED.
Dated:

March 5, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE