Employers Mutual Casualty Co. v. North American Specialty Flooring, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
EMPLOYERS MUTUAL CASUALTY Case No.: 1:19-cv-00544 DAD JLT COMPANY, et al., ORDER CLOSING THE ACTION AS TO Plaintiffs, NAVIGATORS INSURANCE COMPANY, ROY’S FLOORING, INC. AND JOSE ROY v. GARCIA
NORTH AMERICAN SPECIALTY
FLOORING, INC., et al.,
Defendants.
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. 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.” 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…