Norton v. Resurgent Capital Services L.P. ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 GAYLE NORTON, Case No. 1:22-cv-00328-JLT-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE 12 v. DOCKET TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) 13 RESURGENT CAPITAL SERVICES, L.P., OF THE FEDERAL RULES OF CIVIL PROCEDURE 14 Defendant. (ECF Nos. 14, 15) 15 16 On February 9, 2023, the parties filed a stipulation of dismissal pursuant to Federal Rule 17 of Civil Procedure 41. (ECF No. 14.) In the stipulation of dismissal, the parties seek to dismiss 18 the action with prejudice, with each party bearing its own attorneys’ fees and costs, “provided 19 that the Court retain ancillary jurisdiction for enforcement of the Settlement Agreement between 20 the Parties in its Order.” (ECF No. 14 at 2.) On February 10, 2023, the Court issued an order 21 denying without prejudice the parties’ stipulated request for the Court to retain ancillary 22 jurisdiction to enforce the settlement agreement, and notified the parties it would direct the Clerk 23 of the Court to close this case unless a renewed stipulated motion for the Court to retain 24 jurisdiction over their agreement was filed demonstrating good cause. (ECF No. 15.) No 25 renewed motion was filed and the deadline to do so has expired. 26 Therefore, in light of the stipulation of the parties, this action has been terminated, Fed. 27 R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been dismissed with prejudice and without an award of costs or attorneys’ fees. 1 Accordingly, the Clerk of the Court is HEREBY DIRECTED to CLOSE the file in this 2 | case and adjust the docket to reflect voluntary dismissal of this action pursuant to Rule 41(a). 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: _ March 6, 2023 ‘ 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