Opinion
Case No.: 1:15-cv-00332 LJO JLT
06-30-2015
J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. ARIEL DIAZ, et al., Defendant.
ORDER DIRECTING CLERK OF THE COURT TO CLOSE THIS ACTION PURSUANT TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL (Doc. 5)
On June 29, 2015 Plaintiff Western World Insurance Company filed a Notice of Voluntary Dismissal (Doc. 5) pursuant to Rule 41 of the Federal Rules of Civil Procedure, under which "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; or (ii) a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not required to effectuate the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Because the defendants had not yet filed responsive pleadings, Plaintiff is able to file a notice of dismissal, which "automatically terminate[d] the action." Wilson, 111 F.3d at 692.
Based upon the foregoing, IT IS HEREBY ORDERED:
1. 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: June 30 , 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE