Gonzalez v. JAG Trucking, Inc.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 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 13 ALVARADO vs. 14 (Doc. 129) JAG TRUCKING, INC. et al., 15 Defendants. 16 ____________________________________

17 AND RELATED CROSS ACTIONS

18 19 The parties have stipulated to the action being dismissed without prejudice as to Leah 20 Alvarado. (Doc. 129) The Federal Rules of Civil Procedure Rule 41 makes such stipulations 21 effective immediately with further order of the Court. Because all parties who have appeared in 22 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 24 Alvarado. 25 On the other hand, the Court declines to close the matter in its entirety because the 26 stipulation fails to address the outstanding findings and recommendations (Doc. 128) related to 27 the motions for default judgment (Docs. 123-126). If JAG Trucking, Inc. wishes to withdraw 28 1 these motions, any amended stipulation should indicate this. 2 IT IS SO ORDERED. 3

4 Dated: July 1, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 5

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