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

Good Law
United States District Court, Eastern District of CaliforniaAugust 20, 20191:19-cv-00544California234 words

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…

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