Duarte, Jr. v. Wright Now Trucking, Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH M. DUARTE, JR., No. 1:20-cv-00513-NONE-HBK 12 Plaintiff, VOLUNTARY DISMISSAL WITH PREJUDICE UNDER FED. R. CIV. P. 41 13 v. (a)(1)(A)(ii) 14 WRIGHT NOW TRUCKING, INC, ORDER DIRECTING CLERK TO ASSIGN THIS CASE TO DISTRICT JUDGE 15 Defendant. (Doc. No. 11) 16 17 On March 1, 2021, the parties filed a Stipulation for Dismissal, stipulating to dismissal of 18 this action under Fed. R. Civ. P. 41(a)(1)(A)(ii), with prejudice. (Doc. No. 11). The Stipulation 19 further advised, “[e]xcept as otherwise agreed by the parties, each side will bear their own 20 attorneys’ fees and litigation costs. Id. Considering the parties’ Joint Stipulation under Rule 21 22 41(a)(1)(A)(ii), this case is dismissed with prejudice. See Id.; see also Wilson v. City of San Jose, 23 111 F.3d 688, 692 (9th Cir. 1997). 24 Accordingly: 25 1. Pursuant to the parties’ Stipulation, this action is dismissed with prejudice under 26 Fed. R. Civ. P. 41(a)(1)(A)(ii). 27 28 2. The Clerk of Court is respectfully directed to terminate all pending motions, assign 1 this case to a district judge and close this case. 2 3 | Tris SO ORDERED. 4 5 | Dated: _ March 2, 2021 oe Nh. fareh Base HELENA M. BARCH-KUCHTA 6 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