Fierro v. Capital One, N.A.

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 PATRICIA FIERRO, Case No. 22-cv-0493-BAS-BLM 11 Plaintiff, ORDER GRANTING JOINT 12 v. MOTION TO DISMISS (ECF No. 35) 13

14 CAPITAL ONE, N.A., 15 Defendant. 16 17 18

20 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 21 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint 22 Mot., ECF No. 35.) 23 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 24 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 25 moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties 26 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 27 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a compliant notice 28 or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. | || Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 2 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 3 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 4 litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 5 ||41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 6 Having considered the parties’ submission, the Court GRANTS Joint Motion. (ECF 7 35.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant. 8 || The Clerk of Court is directed to close the case. 9 IT IS SO ORDERED. 10 A , 11 || DATED: June 14, 2023 Lin A (Lyphaa. 6 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.