LM v. Kern High School District

Filing 47

ORDER signed by Magistrate Judge Jennifer L. Thurston on 4/22/2019 directing the Clerk to close action re 46 Stipulation. CASE CLOSED. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 L.M., by and through his guardian ad litem GRISELDA MARTIN, 12 Plaintiffs, 13 v. 14 KERN HIGH SCHOOL DISTRICT, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-1123-DAD- JLT ORDER DIRECTING THE CLERK TO CLOSE THE ACTION (Doc. 46) On April 12, 2019, the parties filed a “Stipulation of Dismissal,” indicating the parties “agreed 18 to and executed a written settlement agreement” and stipulate to the dismissal of the action with 19 prejudice. (Doc. 46 at 2) “The plaintiff may dismiss an action without a court order by filing . . . a 20 stipulation of dismissal signed by all parties who have appeared.” Fed.R.Civ.P. 41(a)(1)(A)(ii)Because 21 all parties who have appeared signed the stipulation, it “automatically terminate[d] the action.” Wilson 22 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, the 23 Clerk of Court is DIRECTED to close this action. 24 25 26 27 28 IT IS SO ORDERED. Dated: April 22, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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