(SS) Obrien v. Commissioner of Social Security

E.D. California

(SS) Obrien v. Commissioner of Social Security

District Court, E.D. California·Decided March 10, 2020·No. 1:19-cv-00700·Unknown

Opinion

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11 PATRICIA KATHRYN OBRIEN, ) Case No.: 1:19-cv-0700 JLT ) 12 Plaintiff, ) ORDER DIRECTING THE CLERK TO CLOSE ) THE ACTION 13 v. )

14 COMMISSIONER OF SOCIAL SECURITY, ) (Doc. 18) ) 15 Defendants. ) ) 16

17 On March 20, 2020, the parties filed a stipulation indicating all parties agreed that the above- 18 captioned action is dismissed in its entirety, with prejudice. (Doc. 18) Pursuant to Fed.R.Civ.P. 19 41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of 20 dismissal signed by all parties who have appeared.” Because all parties who have appeared signed the 21 stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 22 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based upon the stipulation of the parties, the 23 Clerk of Court is DIRECTED to close this action. 24

26 Dated: March 9, 2020 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE

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11 PATRICIA KATHRYN OBRIEN, ) Case No.: 1:19-cv-0700 JLT ) 12 Plaintiff, ) ORDER DIRECTING THE CLERK TO CLOSE ) THE ACTION 13 v. )

14 COMMISSIONER OF SOCIAL SECURITY, ) (Doc. 18) ) 15 Defendants. ) ) 16

17 On March 20, 2020, the parties filed a stipulation indicating all parties agreed that the above- 18 captioned action is dismissed in its entirety, with prejudice. (Doc. 18) Pursuant to Fed.R.Civ.P. 19 41(a)(1)(A)(ii), “the plaintiff may dismiss an action without a court order by filing . . . a stipulation of 20 dismissal signed by all parties who have appeared.” Because all parties who have appeared signed the 21 stipulation, it “automatically terminate[d] the action.” Wilson v. City of San Jose, 111 F.3d 688, 692 22 (9th Cir. 1997); Fed.R.Civ.P. 41(a)(1)(A)(ii). Accordingly, based upon the stipulation of the parties, the 23 Clerk of Court is DIRECTED to close this action. 24

26 Dated: March 9, 2020 /s/ Jennifer L. Thurston 27 UNITED STATES MAGISTRATE JUDGE

(SS) Obrien v. Commissioner of Social Security, (E.D. Cal. 2020).

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