New York Marine and General Insurance Company v. Northwest Carrier Logistics, LLC et al

Filing 6

ORDER Directing the Clerk of Court to CLOSE this Action Pursuant to Plaintiff's Notice of Voluntary Dismissal, 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 NEW YORK MARINE AND GENERAL INSURANCE COMPANY, 12 Plaintiff, 13 14 15 v. NORTHWEST CARRIER LOGISTIC, LLC and LAKWINDER SINGH Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-00453 - LJO - JLT ORDER DIRECTING CLERK OF THE COURT TO CLOSE THIS ACTION PURSUANT TO PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL (Doc. 5) 17 On May 30, 2017, Plaintiff Western World Insurance Company filed a Notice of Voluntary 18 19 Dismissal. (Doc. 5) Rule 41 of the Federal Rules of Civil Procedure provides that “the plaintiff may 20 dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party 21 serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by 22 all parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). 23 Once such a notice has been filed, an order of the Court is not required to effectuate the 24 dismissal. Fed. R. Civ. Pro. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 25 Because the defendants had not yet filed responsive pleadings, Plaintiff was able to file a notice of 26 dismissal, which “automatically terminate[d] the action.” Wilson, 111 F.3d at 692. 27 /// 28 /// 1 1 Based upon the foregoing, the Court ORDERS 2 1. The Clerk of Court is DIRECTED to close this action in light of the notice of dismissal with prejudice filed and properly signed pursuant to Rule 41(a). 3 4 5 6 7 IT IS SO ORDERED. Dated: May 31, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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