Mighaccio v. Hatfield Portfolio Group, LLC et al

Filing 6

ORDER Closing Case as to Bluestem Brands, Inc. D/B/A Fingerhut, ONLY, signed by Magistrate Judge Jennifer L. Thurston on 7/12/2017. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

DAWN MIGHACCIO,

)
)
Plaintiff,
)
v.
)
)
HATFIELD PORTFOLIO GROUP, LLC, )
et al.,
)
)
)
Defendants.
)

Case No.: 1:17-cv-00687-LJO-JLT
[PROPOSED] ORDER CLOSING CASE AS
TO BLUE STEM BRANDS, INC. D/B/A
FINGERHUT ONLY
(Doc. 5)

On July 11, 2017, the plaintiff filed a notice of voluntary dismissal s to Blue Stem

18

Brands, Inc., DBA Fingerhut. (Doc. 5) Federal Rules of Civil Procedure Rule 41 provides that

19

“the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal

20

before the opposing party serves either an answer or a motion for summary judgment . . .” Fed.

21

R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not required to

22

make the dismissal effective. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

23

Accordingly, the Clerk of Court is DIRECTED to close this action as to Blue Stem Brands, Inc.,

24

DBA Fingerhut only in light of the notice of voluntary dismissal without prejudice filed and

25

properly signed pursuant to Rule 41(a).

26
27
28

IT IS SO ORDERED.
Dated:

July 12, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE