Clayton v. EGS Financial Care, Inc.

Filing 10

ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 6/19/17. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAURENCE CLAYTON, 12 Plaintiff, 13 14 v. EGS FINANCIAL CARE, INC., et al., 15 Defendants. ) Case No. 1:17-cv-00473-DAD-JLT ) ) (PROPOSED) ORDER CLOSING CASE ) (Doc. 9) ) ) ) ) 16 17 The parties have filed as stipulation to dismiss this action with prejudice to the named plaintiff 18 and without prejudice to the putative class, and with each party to bear their own attorney fees and 19 costs. (Doc. 9) The stipulation relies on Fed. R. Civ.P. 41(a)(1) which provides, “the plaintiff may 20 dismiss an action without a court order by filing: . . . a stipulation of dismissal signed by all parties 21 who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of the 22 Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of 23 San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this 24 action in light of the stipulation signed pursuant to Rule 41(a). 25 26 27 28 IT IS SO ORDERED. Dated: June 19, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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