Tarschilla Foriest v. Commissioner of Social Security

Filing 19

ORDER Discharging Order to Show Cause, Vacating all Pending Dates and Matters, and Directing Clerk of Court to Close this Action signed by Magistrate Judge Stanley A. Boone on 08/28/2018. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TARSCHILLA FORIEST,
Plaintiff,

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Case No. 1:17-cv-01567-SAB
ORDER DISCHARGING ORDER TO
SHOW CAUSE, VACATING ALL
PENDING DATES AND MATTERS, AND
DIRECTING CLERK OF COURT TO
CLOSE THIS ACTION

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

(ECF Nos. 14, 16, 17, 18)

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Plaintiff Tarschilla Foriest filed this action on November 21, 2017. (ECF No. 1.) On

18 July 23, 2018, Plaintiff’s counsel filed a motion to withdraw as attorney in this action. (ECF No.
19 14.) On July 25, 2018, an order issued setting the motion for hearing and counsel was ordered to
20 file supplemental briefing on or before August 3, 2018 and to file proof of service on or before
21 August 22, 2018. (ECF No. 15.) On August 23, 2018, an order issued requiring Plaintiff to
22 show cause why sanctions should not issue for the failure to comply with the July 25, 2018
23 order. (ECF No. 16.) On August 27, 2018, counsel filed a response to the order to show cause.
24 (ECF No. 17.) On August 28, 2018, a stipulation to dismiss this action was filed. (ECF No. 18.)
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The Court shall discharge the order to show cause based on Plaintiff’s response. In light

26 of the stipulation of the parties, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii);
27 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been dismissed without
28 an award of costs or attorneys’ fees.

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Accordingly, IT IS HEREBY ORDERED that:

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The order to show cause issued on August 23, 2018 is DISCHARGED;

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All pending dates and matters in this action are VACATED; and

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The Clerk of the Court is DIRECTED to CLOSE the file in this case and adjust
the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a).

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IT IS SO ORDERED.

8 Dated:

August 28, 2018
UNITED STATES MAGISTRATE JUDGE

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