RBB2, LLC v. CSC Serviceworks, Inc.

Opinion

RBB2, LLC, individually and on behalf of all ) Case No.: 1:18-cv-00915- LJO JLT others similarly situated, ) ) ORDER DIRECTING THE CLERK TO CLOSE Plaintiff, ) THE ACTION ) v. ) (Doc. 56) CSC SERVICEWORKS, INC., ) ) Defendants. )

On October 23, 2019, the parties filed a stipulation indicating all parties agreed that the above- captioned action is dismissed in its entirety, without prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii). (Doc. 56 at 2) Pursuant to Rule 41, “the plaintiff may dismiss an action without a court order by … 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 signed the stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based upon the stipulation of the parties, the Clerk of Court is DIRECTED to close this action.

Dated: October 26, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE