Gonzales v. Macy's West Stores, Inc.

United States District Court for the Eastern District of California

Gonzales v. Macy's West Stores, Inc.

Trial Court Opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHARON GONZALES, an individual, Case No.: 1:17-cv-00806-DAD-JLT

12 Plaintiff, ORDER CLOSING THE ACTION

13 v. (Doc. 45)

14 MACY'S CORPORATE SERVICES, and DOES 1 through 100 inclusive, 15 Defendants. 16

17 The parties have stipulated to dismiss the action with each side to bear their own fees and 18 costs. (Doc. 45) The stipulation relies upon Fed.R.Civ.P. 41, which permits the plaintiff to 19 dismiss an action without a court order “by filing . . . a stipulation of dismissal signed by all 20 parties who have appeared.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Because all parties who have 21 appeared in the action signed the stipulation, it “automatically terminate[d] the action.” Wilson v. 22 City of San Jose,

111 F.3d 688, 692

(9th Cir. 1997). Accordingly, the Clerk of Court is 23 DIRECTED to close this action. 24 25 IT IS SO ORDERED.

26 Dated: November 18, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 27

Reference

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