IDS Property Casualty Insurance Company v. Powell ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IDS PROPERTY CASUALTY INSURANCE ) Case No.: 1:19-cv-0466- DAD JLT COMPANY, ) 12 ) ORDER DIRECTING THE CLERK TO CLOSE Plaintiff, ) THE ACTION 13 ) v. 14 ) (Doc. 17) KAYLAH POWELL, et al., ) 15 ) Defendants. ) 16 17 On November 26, 2019 the parties filed a stipulation indicating all parties “stipulate to dismissal 18 of this action without prejudice.” (Doc. 17 at 1) Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), “the plaintiff 19 may dismiss an action without a court order by filing . . . a stipulation of dismissal signed by all parties 20 who have appeared.” Because all parties who have appeared signed the stipulation, it “automatically 21 terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 22 41(a)(1)(A)(ii). Accordingly, based upon the stipulation of the parties, the Clerk of Court is 23 DIRECTED to close this action. 24 25 IT IS SO ORDERED. 26 Dated: December 2, 2019 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE 28