Whitehead v. Liberty Life Assurance Company of Boston et al

Filing 26

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