1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ROSALIE GREENE, Case No. 1:21-cv-00987-ADA-SAB

12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE AND DIRECTING CLERK OF COURT 13 v. TO CLOSE CASE AND ADJUST THE DOCKET TO REFLECT VOLUNTARY DISMISSAL 14 DEPUY ORTHOPAEDIC, et al., PURSUANT TO RULE 41(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE 15 Defendants.

16 (ECF Nos. 28, 29, 30, 31)

17 18 19 On September 28, 2022, the Court issued an order to show cause why monetary sanctions 20 should not issue for the failure to file dispositional documents in compliance with the Court’s 21 September 2, 2022 order. (ECF No. 28.) Later the same day, the parties submitted a joint 22 response to the order to show cause and a stipulation for dismissal of the action. (ECF Nos. 29, 23 31.) In response to the order to show cause, the parties proffer that, even though the joint 24 stipulation for dismissal was fully executed by September 9, 2022, the parties inadvertently failed 25 to file the stipulation due to some confusion over which firm would file it. (ECF No. 31.) The 26 Court is satisfied with this response and shall discharge the order to show cause. 27 Further, in light of the stipulation for dismissal (ECF No. 29), this action has been 28 terminated, Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose,

(9th 1 | Cir. 1997), and has been dismissed with prejudice, with each side to bear their own costs. 2 Accordingly, IS IT HEREBY ORDERED that the September 28, 2022 order to show 3 | cause (ECF No. 28) is DISCHARGED. Furthermore, the Clerk of the Court is HEREBY 4 | DIRECTED to close the case and adjust the docket to reflect voluntary dismissal of this action 5 | pursuant to Rule (a). 6 7 IT IS SO ORDERED. DAA (e_ 8 | Dated: _September 29, 2022 _ ef 9 UNITED STATES MAGISTRATE JUDGE

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28