Bouskos v. JP Morgan Chase Bank, N.A. ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL BOUSKOS, Case No. 1:19-cv-01431-DAD-SAB 10 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE 11 v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) 12 JPMORGAN CHASE BANK, N.A., OF THE FEDERAL RULES OF CIVIL PROCEDURE 13 Defendant. (ECF No. 23) 14 15 On October 10, 2019, Defendant removed this action, which was brought by Plaintiff on 16 an individual basis and on behalf of all others similarly situated. (ECF No. 1.) On December 21, 17 2020, the Court granted Defendant’s motion to compel arbitration of Plaintiff’s individual 18 claims, found Plaintiff’s claims were covered pursuant to the arbitration agreement, and that 19 because the class action waiver was enforceable, Plaintiff was required to pursue his claims on 20 an individual basis in arbitration. (ECF No. 18.) The Court stayed and administratively closed 21 this action. (Id.) 22 On July 29, 2021, a stipulation was filed dismissing this action without prejudice and 23 with each party to bear its own costs and fees. (ECF No. 23.) The stipulation provides that 24 Plaintiff does not intend to pursue arbitration of his individual claims at this time. In light of the 25 stipulation of the parties, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson 26 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been dismissed without prejudice 27 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: _ July 30, 2021 ‘ 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