*1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CENTRAL VALLEY CONCRETE, INC., Case No. 1:16-cv-01374-DAD-EPG Plaintiff, ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE v. (ECF No. 34) ROAD AND HIGHWAY BUILDERS, LLC, Defendant.
On May 16, 2018, the parties filed a stipulation to dismiss this action, including the counterclaim, with prejudice. (ECF No. 34). All parties have agreed to the dismissal. Id. In light of the stipulation, the case has ended and is dismissed with prejudice. See Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of San Jose , 111 F.3d 688, 692 (9th Cir. 1997); Concha v. London , 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”). Accordingly, the Clerk of the Court is DIRECTED to close this case.
IT IS SO ORDERED.
Dated: May 17, 2018 /s/
UNITED STATES MAGISTRATE JUDGE 1