Donnie Cummings et al v. Cenergy International Services, LLC

Filing 51

ORDER DIRECTING the Clerk to Close the Action (Stipulation),signed by Magistrate Judge Jennifer L. Thurston on 8/21/18. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNIE CUMMINGS, et al.,

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Plaintiffs,
v.
CENERGY INTERNATIONAL SERVICES,
LLC.,

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Defendants.

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Case No.: 1:17-cv-484-LJO- JLT
ORDER DIRECTING THE CLERK TO CLOSE
THE ACTION
(Doc. 49)

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Defendant Cenergy International Services, LLC and Charles Beaty—the only plaintiff

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remaining in this action1— stipulated to dismiss the claims of Mr. Beaty with prejudice pursuant to

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Fed.R.Civ.P. 41(a)(1)(A)(ii), under which “the plaintiff may dismiss an action without a court order by

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filing . . . a stipulation of dismissal signed by all parties who have appeared.” (See Doc. 50 at 1-2)

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Because all remaining parties signed the stipulation, it “automatically terminate[d] the action.”

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Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Thus, based

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upon the stipulation of the parties, the Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

August 21, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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The action initially included the claims of three plaintiffs: Donnie Cummings, Christopher Jones, and Charles
Beaty. The claims of Mr. Jones were dismissed on June 15, 2017, when the Court granted the defendant’s motion to dismiss
the complaint (Doc. 15), and Mr. Jones was not identified as a plaintiff in the First Amended Complaint. (See Doc. 16) Mr.
Cummings dismissed his claims on May 29, 2018. (Docs. 48-49) Thus, only the claims of Mr. Beaty remain.