Lewis v. Lowe's Home Centers, LLC ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DERRICK LEWIS, Case No. 1:20-cv-01683-NONE-EPG 11 Plaintiff, ORDER RE: STIPULATION FOR DISMISSAL OF ACTION WITH PREJUDICE 12 v. AND DIRECTING THE CLERK OF COURT TO CLOSE THE CASE 13 LOWE’S HOME CENTERS, LLC, et al., (ECF No. 15) 14 Defendants. 15 16 On August 17, 2021, the parties filed a joint stipulation dismissing this action with 17 || prejudice and with each party to bear its own attorney’s fees and costs. (ECF No. 15). In light of 18 | the parties’ stipulation, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii), and has 19 | been dismissed.! See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, 20 | the Clerk of Court is respectfully directed to terminate all pending deadlines, assign a district 21 | judge to this case for the purposes of closing the case, and then to close the case. 22 73 IT IS SO ORDERED. Dated: _ August 18, 2021 [Je hey 5 UNITED STATES MAGISTRATE JUDGE 26 27 ' The parties’ stipulation cites Rule 41(A)(2), which provides for dismissal by a court order on terms that the court considers proper. However, as the parties have voluntarily stipulated to the dismissal of this case, 28 the Court concludes that Rule 41(a)(1)(A)(i) is the applicable provision.