Allison v. Wells Fargo Bank, N.A.

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 MATTHEW ALLISON, Case No. 22-cv-0510-BAS-AHG 11 Plaintiff, ORDER GRANTING JOINT 12 v. MOTION TO DISMISS WITH 13 PREJUDICE (ECF No. 17) 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. (Joint 19 Mot., ECF No. 17.) 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 compliant notice 25 or 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). 27 However, the local civil rules of this district require that where, as here, litigants seek 28 1 || voluntary dismissal pursuant to stipulation, in accordance with Rule 41(a)(1)(A)(i1), the 2 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. 17.) Thus, the Court DISMISSES WITH PREJUDICE the action against 5 ||Defendant. Each party shall bear its own costs and attorney fees. The Clerk of Court is 6 || directed to close the case. 8 A , 9 || DATED: January 18, 2023 Lin A (Lyphaa. 6 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.