Patino v. County of Merced ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 ELENOR SKYE VILLANUEVA PATINO, et Case No. 1:18-cv-01468-AWI-SAB 10 al., ORDER DIRECTING CLERK OF COURT 11 Plaintiffs, TO CLOSE CASE AND ADJUST THE DOCKET TO REFLECT VOLUNTARY 12 v. DISMISSAL PURSUANT TO RULE 41(a) OF THE FEDERAL RULES OF CIVIL 13 COUNTY OF MERCED, et al., PROCEDURE 14 Defendants. (ECF No. 66) 15 16 Plaintiffs Elenor Skye Villanueva Patino (“Elenor”), a minor, by and through her 17 guardian ad litem, Julia Villanueva, and Lillyanna Amelia Patino (“Lillyanna”), a minor, by and 18 through her guardian ad litem, Adrianna Lucas Andrade (collectively “Plaintiffs”), filed this 19 action on October 24, 2018. (ECF No. 1.) On August 13, 2020, the parties attended a settlement 20 conference before Magistrate Judge Kendall J. Newman, with the parties reaching settlement and 21 placing the settlement terms on the record. (ECF No. 55.) On November 10, 2020, the District 22 Judge adopted findings and recommendations that recommended granting Plaintiffs’ motion for 23 approval of settlement of the minors’ claims. (ECF No. 65.) 24 On December 8, 2020, a stipulation was filed dismissing this action with prejudice and 25 with each party to bear its own costs and fees. (ECF No. 66.) In light of the stipulation of the 26 parties, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San 27 Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been dismissed with prejudice and without an award of costs or attorneys’ fees. 1 Accordingly, the Clerk of the Court is HEREBY ORDERED to CLOSE the file in this 2 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 3 4 IT IS SO ORDERED. FA. ee 5 Dated: _ December 9, 2020 " ‘ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28