(PC) Cabrera v. Collins et al

Filing 44

ORDER Directing the Clerk of the Court to Close Case signed by Magistrate Judge Sheila K. Oberto on 03/30/2021. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEMETRIO CABRERA, 12 Plaintiff, 13 14 Case No. 1:19-cv-01341-NONE-SKO (PC) ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE v. G. COLLINS, et al., 15 Defendants. 16 17 The parties have filed stipulations of dismissal with prejudice pursuant to Federal Rule of 18 Civil Procedure 41(a)(1). (Docs. 42-43.) The rule provides that a “plaintiff may dismiss an action 19 without a court order by filing . . . a stipulation of dismissal signed by all parties who have 20 appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Once a stipulation under Rule 41(a)(1) is properly 21 filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective 22 automatically. See Com. Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999). Because the parties have filed stipulations of dismissal, signed by all parties or their 23 24 counsel of record, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the 25 Court to close this case. 26 /// 27 /// 28 /// 1 2 As stated on the record during the March 11, 2021 settlement conference, the Court will retain jurisdiction over the parties’ settlement agreement to ensure that its terms are met. 3 4 5 6 IT IS SO ORDERED. Dated: March 30, 2021 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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