RBB2, LLC v. CSC Serviceworks, Inc. ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RBB2, LLC, individually and on behalf of all ) Case No.: 1:18-cv-00915- LJO JLT others similarly situated, ) 12 ) ORDER DIRECTING THE CLERK TO CLOSE Plaintiff, ) THE ACTION 13 ) v. 14 ) (Doc. 56) CSC SERVICEWORKS, INC., ) 15 ) Defendants. ) 16 17 On October 23, 2019, the parties filed a stipulation indicating all parties agreed that the above- 18 captioned action is dismissed in its entirety, without prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). 19 (Doc. 56 at 2) Pursuant to Rule 41, “the plaintiff may dismiss an action without a court order by … a 20 stipulation of dismissal signed by all parties who have appeared.” Fed.R.Civ.P. 41(a)(1)(A)(ii). Because 21 all parties who have appeared signed the stipulation, it “automatically terminate[d] the action.” Wilson 22 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based 23 upon the stipulation of the parties, the Clerk of Court is DIRECTED to close this action. 24 25 IT IS SO ORDERED. 26 Dated: October 26, 2019 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE 28