Opinion
Case No.: 1:16-cv-01409 - AWI-JLT
12-09-2016
THERESA BROOKE, Plaintiff, v. JHP HOSPITALITY GROUP, INC., dba Ramada Limited Bakersfield North, Defendant.
ORDER TO CLOSE THE CASE
On December 8, 2016, the plaintiff filed a voluntary dismissal of the action. (Doc. 13) Federal Rules of Civil Procedure Rule 41 provides that "the plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment . . ." Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action in light of the notice of dismissal with prejudice filed and properly signed pursuant to Rule 41(a). IT IS SO ORDERED.
Dated: December 9 , 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE