David Marvin Cline v. Home Depot U.S.A., Inc et. al

Opinion

1 2 3 4 5 6 7 10 11 DAVID MARVIN CLINE, Case No. 25-cv-03509-BAS-BJW

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ENTIRE ACTION WITH PREJUDICE 14 HOME DEPOT U.S.A., INC et. al, (ECF No. 17) 15 Defendants.

16 17 Pending before the Court is Parties’ joint motion pursuant to Federal Rule of Civil 18 Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 17.) 19 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 20 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 21 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 22 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 23 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 24 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 25 Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 26 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 27 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 28 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 Here, Parties jointly move to dismiss the present action. (ECF No. 17.) Having 4 ||considered the parties’ submission, the Court GRANTS the joint motion. (/d.) Thus, the 5 ||Court DISMISSES WITH PREJUDICE the action. Each party shall bear its own costs 6 ||and attorney’s fees, unless otherwise agreed in writing. The Court also DIRECTS the 7 || Clerk of Court to close the case. 9 ~ 10 || DATED: March 26, 2026 (yi. (Doha 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 ~_9_