Rogers v. National Railroad Passenger Corporation et al

Filing 45

ORDER DISMISSING CASE pursuant to FRCP 41(a)(1) with prejudice signed by Magistrate Judge Allison Claire on 11/3/14. CASE CLOSED. (Manzer, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VIRGINIA ROGERS, 12 13 14 15 Plaintiff, v. Defendants. DIEDE CONSTRUCTION, INC., Third-Party Plaintiff, 18 19 20 21 ORDER NATIONAL RAILROAD PASSENGER CORPORATION, ET AL., 16 17 No. 2:13-cv-1932 AC v. SKYLINE SCAFFOLD, INC., Third-Party Defendant, 22 23 Based on the consent of the parties, this matter was reassigned to the undersigned on 24 October 31, 2013. See 28 U.S.C. § 636(c); ECF Nos. 14–17. On October 30, 2014, plaintiff filed 25 a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1). ECF No. 44. The 26 notice is signed by all parties who have appeared and dismisses plaintiff’s action and third-party 27 plaintiff’s action with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii) (a plaintiff may dismiss an 28 action without a court order by filing “a stipulation of dismissal signed by all parties who have 1 1 2 appeared”). Pursuant to the parties’ stipulation, this action and the corresponding third-party complaint 3 are DISMISSED with prejudice. Accordingly, all previously set deadlines and hearings are 4 VACATED. The Clerk of the Court is directed to close this action. 5 6 IT IS SO ORDERED. DATED: November 3, 2014 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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