Alexander Usasilp v. Equifax Information Services, LLC

Opinion

1 2 3 4 5 6 7 10 11 ALEXANDER USASILP, Case No. 25-cv-02993-BAS-MMP

12 Plaintiff, ORDER GRANTING JOINT 13 v. STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE (ECF No. 8) LLC, 15 Defendant. 16

17 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 18 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 19 8.) 20 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 21 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 22 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 23 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 24 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 25 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 26 Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 27 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 28 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 1 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 2 41(a)(1)(A)(a1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 3 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 4 ||(ECF No. 8.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiffs individual 5 ||claims against Defendants. Each party shall bear its own costs and attorney’s fees. The 6 || Court also DIRECTS the Clerk of Court to close the case. 8 ~ 9 || DATED: March 12, 2026 (yatta Bahar ke 10 H n. Cynthia Bashant, Chief Judge United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28