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)

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