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Western World Insurance Co. v. the Sofiene Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jun 5, 2015
Case No.: l:15-cv-00150 - --- - JLT (E.D. Cal. Jun. 5, 2015)

Opinion

Case No.: l:15-cv-00150 - --- - JLT

06-05-2015

WESTERN WORLD INSURANCE COMPANY, Plaintiff, v. THE SOFIENE COMPANY, LLC dba VALLEY MEDICAL TRANSPORT; KRISTINE JONES; ESTATE OF BARRY JONES; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant.


ORDER DIRECTING CLERK OF THE COURT TO CLOSE THIS ACTION PURSUANT TO PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL (Doc. 11)

On June 3, 2015 Plaintiff Western World Insurance Company filed a Notice of Voluntary Dismissal (Doc. 11) 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. Pro. 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 was 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 5 , 2015

/s/ Jennifer L. Thurston

UNITED STATES MAGISTRATE JUDGE


Summaries of

Western World Insurance Co. v. the Sofiene Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jun 5, 2015
Case No.: l:15-cv-00150 - --- - JLT (E.D. Cal. Jun. 5, 2015)
Case details for

Western World Insurance Co. v. the Sofiene Co.

Case Details

Full title:WESTERN WORLD INSURANCE COMPANY, Plaintiff, v. THE SOFIENE COMPANY, LLC…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jun 5, 2015

Citations

Case No.: l:15-cv-00150 - --- - JLT (E.D. Cal. Jun. 5, 2015)