Opinion
Case No.: 1:15-cv-01542 --- JLT
02-11-2016
ST. PAUL MERCURY INSURANCE COMANY, Plaintiffs, v. CENTEX HOMES, et al., Defendants.
ORDER CLOSING CASE
On the February 9, 2016, the parties filed a stipulation to dismiss the matter. (Doc. 13) The stipulation relies upon 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 for the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this action in light of the notice of dismissal without prejudice filed and properly signed pursuant to Rule 41(a)(1)(A)(ii). IT IS SO ORDERED.
Dated: February 11 , 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE