Integon National Insurance Company v. Dauster ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 INTEGON NATIONAL INSURANCE Case No.: 1:19-cv-01429 LJO JLT COMPANY., 12 ORDER CLOSING THE ACTION AS KERN Plaintiff, MASONRY STRUCTURES, INC., H.A. AND I.A. 13 (Docs. 22, 23) v. 14 MICHAEL DAUSTER., et al., 15 Defendants. 16 17 The plaintiff has filed a notice of dismissal with prejudice as to Kern Masonry Structures, Inc. 18 (Doc. 22), who has not appeared in this action, and a stipulation to dismiss with prejudice as to 19 defendants H.A. and I.A. (Doc. 23). The stipulation indicates that all parties will bear their own costs 20 and fees (Doc. 23 at 2). Thus, according to Fed. R. Civ.P. 41, the dismissals are effective without an 21 order of the Court. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Therefore, the 22 Clerk of the Court is DIRECTED to close this action as to Kern Masonry Structures, Inc., H.A. and 23 I.A. through their guardians ad litem. 24 25 IT IS SO ORDERED. 26 Dated: February 19, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 27 28