Board of Trustees of IBEW Local 100 Pension Trust Fund v. Cole

Filing 46

ORDER DISMISSING CASE pursuant to FRCP 41(a)(1)(A)(ii), signed by Magistrate Judge Erica P. Grosjean on 1/18/2023.CASE CLOSED(Martin-Gill, S)

Case 1:21-cv-00750-AWI-EPG Document 46 Filed 01/18/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF IBEW
LOCAL 100 PENSION TRUST FUND;
JOINT ELECTRICAL INDUSTRY
TRAINING TRUST FUND,

(ECF No. 45).
v.

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ORDER RE: STIPULATION OF DISMISSAL
WITH PREJUDICE PURSUANT TO FED. R.
CIV. P. 41(a)(1)(A)(ii)

Plaintiffs,

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Case No. 1:21-cv-00750-AWI-EPG

MICHAEL CHARLES COLE dba
MICHAEL COLE ELECTRIC; and DOES
1 through 50,
Defendants.

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On January 13, 2023, the parties filed a joint stipulation for dismissal with prejudice,

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pursuant, and subject to the terms of the written settlement agreement between the parties. (ECF

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No. 45). In light of the parties’ stipulation, this action has been terminated, Fed. R. Civ. P.

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41(a)(1)(A)(ii)1, and has been dismissed with prejudice.

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The caption of the parties’ stipulation references Federal Rule of Civil Procedure 41(a)(2), which provides for
dismissal “at the plaintiff’s request only by court order.” Because Defendant filed an answer to Plaintiff’s complaint
(ECF No. 6), and because the parties’ have filed “a stipulation of dismissal signed by all parties who have appeared,”
dismissal is appropriate under Rule 41(a)(1(A)(ii). See Fed. R. Civ. P. 41(a)(1)(i)-(ii).
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Case 1:21-cv-00750-AWI-EPG Document 46 Filed 01/18/23 Page 2 of 2
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Accordingly, the Clerk of Court is directed to close this case.
IT IS SO ORDERED.
Dated:

January 18, 2023

/s/
UNITED STATES MAGISTRATE JUDGE

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