Montoya v. Atlantic Plant Maintenance, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MANUEL MONTOYA, ) Case No.: 1:19-cv-0527- JLT ) 12 Plaintiff, ) ORDER DIRECTING THE CLERK TO CLOSE ) THE ACTION 13 v. ) 14 ATLANTIC PLANT MAINTENANCE, INC. ) (Doc. 13) ) 15 Defendant. ) ) 16 17 On January 8, 2020, Plaintiff filed a stipulation indicating all parties agreed that the above- 18 captioned action is dismissed in its entirety, with prejudice. (Doc. 13) Pursuant to Fed.R.Civ.P. 19 41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of 20 dismissal signed by all parties who have appeared.” Because all parties who have appeared signed the 21 stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 22 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based upon the stipulation of the parties, the 23 Clerk of Court is DIRECTED to close this action. 24 25 IT IS SO ORDERED. 26 Dated: January 9, 2020 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE 28