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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAURENCE CLAYTON,

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Plaintiff,

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v.
EGS FINANCIAL CARE, INC., et al.,

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Defendants.

) Case No. 1:17-cv-00473-DAD-JLT
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) (PROPOSED) ORDER CLOSING CASE
) (Doc. 9)
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The parties have filed as stipulation to dismiss this action with prejudice to the named plaintiff

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and without prejudice to the putative class, and with each party to bear their own attorney fees and

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costs. (Doc. 9) The stipulation relies on Fed. R. Civ.P. 41(a)(1) which provides, “the plaintiff may

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dismiss an action without a court order by filing: . . . a stipulation of dismissal signed by all parties

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who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of the

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Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of

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San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this

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action in light of the stipulation signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

June 19, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE