Whitehead v. Liberty Life Assurance Company of Boston et al
Filing
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ORDER CLOSING CASE re 24 signed by Magistrate Judge Jennifer L. Thurston on 2/15/2018. CASE CLOSED. (Jessen, A)
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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,
v.
Case No.: 1:17-cv-01204 LJO JLT
ORDER CLOSING THE CASE
(Doc. 24)
LIBERTY LIFE ASSURANCE COMPANY
OF BOSTON,
Defendant.
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The parties have stipulated to dismiss the action with prejudice with each side to bear their
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own fees and costs. (Doc. 24) Federal Rules of Civil Procedure 41 permits the plaintiff to dismiss
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an action without a court order “by filing . . . a stipulation of dismissal signed by all parties who
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have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the
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action signed the stipulation (Doc. 79), it “automatically terminate[d] the action.” Wilson v. City of
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San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to
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close this action.
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IT IS SO ORDERED.
Dated:
February 15, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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