Zymex Industries, Inc. v. Ziba Foods, LLC ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 ZYMEX INDUSTRIES, INC., Case No. 1:20-cv-01086-NONE-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT 12 TO CLOSE CASE AND REFLECT v. VOLUNTARY DISMISSAL PURSUANT TO 13 FEDERAL RULE OF CIVIL PROCEDURE ZIBA FOODS, LLC, 41(A) 14 Defendant. (ECF Nos. 27, 28) 15 16 17 On October 19, 2021, the parties filed a joint notice of request to seal their confidential 18 settlement agreement pursuant to Local Rule 141(b) concurrently with a notice of dismissal 19 pursuant to Federal Rule of Civil Procedure 41 and a request that the Court retain jurisdiction for 20 purposes of enforcing the confidential settlement agreement reached between the parties.1 (ECF 21 Nos. 27, 28.) On October 21, 2021, the Court denied the parties’ request to seal and to retain 22 jurisdiction over their agreement without prejudice to the filing of a renewed request that 23 comported with the Court’s order. (ECF No. 29.) The parties were granted twenty-one (21) days 24 to file any such renewed request and were advised that if no requests were filed, the Court would 25 direct the Clerk of the Court to close the case and adjust the docket to reflect the parties’ voluntary 26 dismissal pursuant to Rule 41. (See ECF Nos. 28, 29.) The time for the parties to file any 27 1 The stipulation of dismissal indicates the action shall be dismissed with prejudice, with each party to bear its own 1 | renewed request has now passed and no requests have been filed. 2 Accordingly, in light of the stipulation of the parties, this action is terminated by operation 3 | of law, Fed. R. Civ. P. 41(a)(1)(A)Gi); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 4 | 1997), and has been dismissed with prejudice and without an award of costs of attorneys’ fees. 5 | The Clerk of the Court is HEREBY DIRECTED to assign a district judge to this case for the 6 | purpose of closing the case and then to adjust the docket to reflect voluntary dismissal of this 7 | action pursuant to Rule 41 (a). 8 9 IS SO ORDERED. OF. a Se 19 Pated: _November 18, 2021 _ 4 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28