Employers Mutual Casualty Co. v. North American Specialty Flooring, Inc.

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA

11 EMPLOYERS MUTUAL CASUALTY Case No.: 1:19-cv-00544 DAD JLT COMPANY, et al., 12 ORDER CLOSING THE ACTION AS TO Plaintiffs, NAVIGATORS INSURANCE COMPANY, 13 ROY’S FLOORING, INC. AND JOSE ROY v. GARCIA NORTH AMERICAN SPECIALTY FLOORING, INC., et al., Defendants.

17 The parties have stipulated to dismiss the action as to Navigators Insurance Company, Roy’s Flooring, Inc. and Jose Roy Garcia individually and formerly doing business as Roy’s Flooring. (Doc.

19 23 at 3) The stipulation relies upon Fed.R.Civ.P. 41, which permits the plaintiff to dismiss an action without a court order “by filing . . . a stipulation of dismissal signed by all parties who have appeared.”

21 Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have appeared in the action signed the stipulation, it “automatically terminate[d] the action.” 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 as to these defendants only.

26 IT IS SO ORDERED.

27 Dated: August 20, 2019 /s/ Jennifer L. Thurston 28 UNITED STATES MAGISTRATE JUDGE