Brown v. Charter Communications, Inc.

Filing 54

ORDER CLOSING CASE signed by Magistrate Judge Jennifer L. Thurston on 1/16/2019. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TERI BROWN, individually and on behalf of
all others similarly situated,

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Plaintiffs,
v.
CHARTER COMMUNICATIONS, INC.,

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Defendant.

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) Case No.: 1:17-cv-00670 - LJO - JLT
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) ORDER CLOSING CASE
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) (Doc. 53)
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The parties have stipulated to dismiss the action with prejudice each side to bear their own fees

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and costs. (Doc. 53) The stipulation does not address the class members. Thus, the action as to the

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putative class is closed without prejudice to the refiling of the action.

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The stipulation relies upon Fed.R.Civ.P. 41, which permits the plaintiff to dismiss an action

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without a court order “by filing . . . a stipulation of dismissal signed by all parties who have appeared.”

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Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the

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stipulation (Doc. 79), it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d

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688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action.

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IT IS SO ORDERED.
Dated:

January 16, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE