Whitehead v. Liberty Life Assurance Company of Boston et al

Filing 11

ORDER signed by Magistrate Judge Jennifer L. Thurston on 10/16/2017 closing the case as to Defendant, Takeda Pharmaceuticals USA, Inc. Long Term Disability Plan only re 10 . (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIMBERLY WHITEHEAD,

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Plaintiff,
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v.
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LIBERTY LIFE ASSURANCE COMPANY )
OF BOSTON, et al.,
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Defendants.
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Case No.: 1:17-cv-1204 LJO JLT
ORDER CLOSING THE CASE AS TO
DEFENDANT TAKEDA
PHARMACEUTICALS USA, INC. LONG
TERM DISABILITY PLAN ONLY
(Doc. 10)

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On October 12, 2017, the plaintiff filed a notice of voluntary dismissal as to Takeda

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Pharmaceuticals USA, Inc. Long Term Disability Plan. (Doc. 10) Federal Rules of Civil Procedure

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Rule 41 provides that “the plaintiff may dismiss an action without a court order by filing: (i) a notice

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

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

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make the dismissal effective. 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 close this action as to Takeda Pharmaceuticals

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USA, Inc. Long Term Disability Plan only in light of the notice of voluntary dismissal without

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prejudice filed and properly signed pursuant to Rule 41(a).

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IT IS SO ORDERED.
Dated:

October 16, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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