Murillo v. Portfolio Recovery Associates, LLC ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 PATRICIA MURILLO, Case No. 1: 22-cv-00947-ADA-SAB 11 Plaintiff, ORDER DIRECTING CLERK OF COURT 12 TO CLOSE CASE AND REFLECT v. VOLUNTARY DISMISSAL PURSUANT TO 13 FEDERAL RULE OF CIVIL PROCEDURE PORTFOLIO RECOVERY ASSOCIATES, 41(A) 14 LLC, (ECF Nos. 10, 11) 15 Defendant. 16 17 On December 1, 2022, the parties filed a notice of dismissal pursuant to Federal Rule of 18 Civil Procedure 41 and a request that the Court “retain ancillary jurisdiction for enforcement of 19 the Settlement Agreement between the Parties in its Order.”1 (ECF No. 10 at 2.) On December 20 1, 2022, the Court denied the parties’ request to retain jurisdiction over their agreement without 21 prejudice to the filing of a renewed request that comported with the Court’s order. (ECF No. 22 11.) The parties were granted until December 23, 2022, to file any such renewed request and 23 were advised that if no requests were filed, the Court would direct the Clerk of the Court to 24 close the case and adjust the docket to reflect the parties’ voluntary dismissal pursuant to Rule 25 41. (See ECF Nos. 10, 11.) The time for the parties to file any renewed request has now 26 passed and no requests have been filed. 27 1 The stipulation of dismissal indicates the action shall be dismissed with prejudice, with each party to bear its own 1 Accordingly, in light of the stipulation of the parties, this action is terminated by 2 | operation of law, Fed. R. Civ. P. 41(a)(1)(A) Gi); Wilson v. City of San Jose, 111 F.3d 688, 692 3 | (9th Cir. 1997), and has been dismissed with prejudice and with each party to bear its own 4 | attorneys’ fees and costs. The Clerk of the Court is HEREBY DIRECTED to adjust the docket 5 | to reflect voluntary dismissal of this action pursuant to Rule 41 (a). 6 7 IT IS SO ORDERED. FA. Se g Dated: _ December 28, 2022 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28