Gonzalez v. JAG Trucking, Inc.

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA LEONEL GONZALEZ and JONATHAN Case No. 1:18-cv-01046 LJO JLT BASULTO, 12 AMENDED ORDER CLOSING THE CASE Plaintiffs, AS TO CROSS-DEFENDANT LEAH ALVARADO vs. 14 (Doc. 129) JAG TRUCKING, INC. et al., Defendants.

16 ____________________________________ AND RELATED CROSS ACTIONS 19 The parties have stipulated to the action being dismissed without prejudice as to Leah Alvarado. (Doc. 129) The Federal Rules of Civil Procedure Rule 41 makes such stipulations effective immediately with further order of the Court. Because all parties who have appeared in the action signed the stipulation. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997).

23 Accordingly, the Clerk of Court is DIRECTED to close the action as to cross-defendant Lean Alvarado.

25 On the other hand, the Court declines to close the matter in its entirety because the stipulation fails to address the outstanding findings and recommendations (Doc. 128) related to the motions for default judgment (Docs. 123-126). If JAG Trucking, Inc. wishes to withdraw these motions, any amended stipulation should indicate this.

IT IS SO ORDERED.

4 Dated: July 1, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE