(PC) Cabrera v. Collins et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DEMETRIO CABRERA,
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Plaintiff,
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Case No. 1:19-cv-01341-NONE-SKO (PC)
ORDER DIRECTING THE CLERK OF
THE COURT TO CLOSE CASE
v.
G. COLLINS, et al.,
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Defendants.
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The parties have filed stipulations of dismissal with prejudice pursuant to Federal Rule of
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Civil Procedure 41(a)(1). (Docs. 42-43.) The rule provides that a “plaintiff may dismiss an action
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without a court order by filing . . . a stipulation of dismissal signed by all parties who have
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appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Once a stipulation under Rule 41(a)(1) is properly
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filed, no order of the court is necessary to effectuate dismissal; the dismissal is effective
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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
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counsel of record, this action has terminated. Accordingly, the Court DIRECTS the Clerk of the
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Court to close this case.
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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.
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IT IS SO ORDERED.
Dated:
March 30, 2021
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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