Clayton v. EGS Financial Care, Inc.
ORDER CLOSING CASE, signed by Magistrate Judge Jennifer L. Thurston on 6/19/17. CASE CLOSED. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
EGS FINANCIAL CARE, INC., et al.,
) Case No. 1:17-cv-00473-DAD-JLT
) (PROPOSED) ORDER CLOSING CASE
) (Doc. 9)
The parties have filed as stipulation to dismiss this action with prejudice to the named plaintiff
and without prejudice to the putative class, and with each party to bear their own attorney fees and
costs. (Doc. 9) The stipulation relies on Fed. R. Civ.P. 41(a)(1) which provides, “the plaintiff may
dismiss an action without a court order by filing: . . . a stipulation of dismissal signed by all parties
who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of the
Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of
San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this
action in light of the stipulation signed pursuant to Rule 41(a).
IT IS SO ORDERED.
June 19, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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