Gilbert v. Shergill ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DARREN GILBERT, Case No. 1:22-cv-00413-SAB 10 Plaintiff, ORDER VACATING ALL MATTERS AND DIRECTING CLERK OF COURT TO 11 v. CLOSE CASE AND ADJUST THE DOCKET TO REFLECT VOLUNTARY DISMISSAL 12 NAJAR A. SHERGILL, et al., PURSUANT TO RULE 41(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE 13 Defendants. (ECF Nos. 34, 41) 14 15 Plaintiff Darren Gilbert initiated this action on April 8, 2022. (ECF No. 1.) On January 16 6, 2023, the Court issued a scheduling order setting discovery and dispositive motion deadlines, 17 and trial dates. (ECF No. 34.) 18 On April 12, 2023, the parties filed a stipulation of dismissal. (ECF No. 41.) In light of 19 the stipulation of dismissal, this action has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii); 20 Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has been dismissed with 21 prejudice, with each party to bear its own attorneys’ fees and costs. 22 Accordingly, it is hereby order that: 23 1. All matters are VACATED; and 24 /// 25 /// 26 /// 27 /// /// 1 2. The Clerk of the Court is HEREBY DIRECTED to close the case and adjust the 2 docket to reflect voluntary dismissal of this action pursuant to Rule (a). 3 4 IT IS SO ORDERED. FA. ee 5 | Dated: _ April 13, 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