D'Angelo v. Penney OpCo, LLC

S.D. California

D'Angelo v. Penney OpCo, LLC

DecidedAugust 27, 2025

Docket3:23-cv-00981

StatusUnknown

This text of D'Angelo v. Penney OpCo, LLC (D'Angelo v. Penney OpCo, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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D'Angelo v. Penney OpCo, LLC, (S.D. Cal. 2025).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 NOELLE ARGUELLES, individually Case No. 23-cv-00981-BAS-DDL and on behalf of all others similarly 12 situated, Plaintiff, ORDER GRANTING PARTIES’ 13 JOINT MOTION TO DISMISS v. 14 (ECF No. 92) PENNEY OPCO, LLC, d/b/a 15 JCPENNEY, 16 Defendant. 17 18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the instant action. (ECF No. 92.) 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. 92.) Accordingly, the individual claims of Plaintiff Noelle Arguelles against 5 ||Defendant are DISMISSED WITH PREJUDICE. The claims of the putative class 6 || members are DISMISSED WITHOUT PREJUDICE. Each party shall bear its own costs 7 attorneys’ fees. The Clerk of Court is directed to close the case. 8 IT IS SO ORDERED. 9 ~ 10 || DATED: August 27, 2025 (yatta Bahar 1 H n. Cynthia Bashant, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 NOELLE ARGUELLES, individually Case No. 23-cv-00981-BAS-DDL and on behalf of all others similarly 12 situated, Plaintiff, ORDER GRANTING PARTIES’ 13 JOINT MOTION TO DISMISS v. 14 (ECF No. 92) PENNEY OPCO, LLC, d/b/a 15 JCPENNEY, 16 Defendant. 17 18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the instant action. (ECF No. 92.) 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. 92.) Accordingly, the individual claims of Plaintiff Noelle Arguelles against 5 ||Defendant are DISMISSED WITH PREJUDICE. The claims of the putative class 6 || members are DISMISSED WITHOUT PREJUDICE. Each party shall bear its own costs 7 attorneys’ fees. The Clerk of Court is directed to close the case. 8 IT IS SO ORDERED. 9 ~ 10 || DATED: August 27, 2025 (yatta Bahar 1 H n. Cynthia Bashant, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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