Mbayo v. Abraham Betre D.O., Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CAMILLE-LOUISE MBAYO, Case No. 23-cv-01062-JLT-SAB 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO CLOSE CASE AND ADJUST THE DOCKET 13 v. TO REFLECT VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a) OF THE 14 ABRAHAM BETRE D.O., INC., et al., FEDERAL RULES OF CIVIL PROCEDURE 15 Defendants. (ECF No. 21) 16 17 On October 31, 2023, a stipulation was filed dismissing this action with each party to 18 bear its own costs and fees. (ECF No. 21.) In light of the stipulation of the parties, this action 19 has been terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 20 692 (9th Cir. 1997), and has been dismissed without prejudice and without an award of costs or 21 attorneys’ fees. See Fed. R. Civ. P. 41(a)(1)(B) (“Unless the notice or stipulation states 22 otherwise, the dismissal is without prejudice.”) 23 /// 24 /// 25 /// 26 /// 27 /// /// 1 Accordingly, the Clerk of the Court is HEREBY ORDERED 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: _ November 1, 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