Strojnik v. BRE Newton Hotels Property Owner, LLC ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PETER STROJNIK, SR., ) Case No.: 1:19-cv-1097-LJO JLT ) 12 Plaintiff, ) ORDER DIRECTING THE CLERK TO CLOSE ) THE ACTION 13 v. ) 14 BRE NEWTON HOTELS PROPERTY ) (Doc. 10) OWNER, LLC, ) 15 ) Defendant. ) 16 17 On October 31, 2019, Defendant filed a stipulation indicating all parties agreed that the above- 18 captioned action is dismissed in its entirety, with prejudice. (Doc. 10 at 2) Pursuant to Fed.R.Civ.P. 19 41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of 20 dismissal signed by all parties who have appeared.” Because all parties signed the stipulation, it 21 “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); 22 Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based upon the stipulation of the parties, the Clerk of Court 23 is DIRECTED to close this action. 24 25 IT IS SO ORDERED. 26 Dated: November 1, 2019 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE 28