Yuoni v. Costco Wholesale ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VICTORIA YUONI, ) Case No.: 1:18-cv-0684-DAD JLT ) 12 Plaintiff, ) ORDER DIRECTING THE CLERK TO CLOSE ) THE ACTION 13 v. ) 14 COSTCO WHOLESALE. ) (Doc. 19) ) 15 Defendant. ) ) 16 17 On August 29, 2019, the parties filed a stipulation indicating all parties agreed that the above- 18 captioned action is “dismissed with prejudice, pursuant to Rule 41(a)(1).” (Doc. 19 at 2) Pursuant to 19 Fed.R.Civ.P. 41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a 20 stipulation of dismissal signed by all parties who have appeared.” Because all parties who have 21 appeared signed the stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 22 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based upon the 23 stipulation of the parties, the Clerk of Court is DIRECTED to close this action. 24 25 IT IS SO ORDERED. 26 Dated: August 30, 2019 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE 28