Evans v. Lopez

Filing 14

ORDER Closing the Case (Stipulation), signed by Magistrate Judge Jennifer L. Thurston on 12/20/17. 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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THOMAS EVANS,

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Plaintiff,

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v.

Case No. 1:17-cv-00719-AWI-JLT (PC)
ORDER CLOSING THE CASE
(Doc. 13)

D. LOPEZ,

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Defendant.

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On December 19, 2017, the parties submitted a fully executed stipulation for voluntary

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dismissal with prejudice per Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each party to

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bear their own litigation costs and attorney’s fees. (Doc. 13.) Rule 41 provides that “the plaintiff

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may dismiss an action without a court order by filing … a stipulation of dismissal signed by all

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parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii).
Because all parties who appeared in the action signed the stipulation, it “automatically

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terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

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Accordingly, the Clerk of Court is DIRECTED to terminate the remaining motion and close the

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action.

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IT IS SO ORDERED.
Dated:

December 20, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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