Gonzales v. Macy's West Stores, Inc.

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UNITED STATES DISTRICT COURT

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

Plaintiff, ORDER CLOSING THE ACTION

v. (Doc. 45)

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

The parties have stipulated to dismiss the action with each side to bear their own fees and costs. (Doc. 45) 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 close this action. 24 IT IS SO ORDERED.

Dated: November 18, 2019 /s/ Jennifer L. Thurston

UNITED STATES MAGISTRATE JUDGE

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