HML Holdings, LLC v. Romeros LLC

Opinion

HML HOLDINGS, LLC Case No. 21-cv-0380-BAS-BLM

Plaintiff, ORDER GRANTING JOINT v. MOTION TO DISMISS (ECF No. 29)

TAMARA ROMERO, et al.,

Defendants. Before this Court is the Stipulation of Dismissal jointly filed by the parties on March 7, 2022, wherein the parties indicate that they agree to dismiss this action with prejudice and with each party bearing its own costs. (ECF No. 29.) Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a compliant notice 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 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 41(a)(1)(B). However, the local civil rules of this district require that where, /as here, litigants seek voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(ii), such a stipulation must be filed as a joint motion.! Having considered the parties’ request, the Court construes the parties’ stipulation a Joint Motion to dismiss this action and GRANTS that Joint Motion. (ECF No. 29.) Thus, the Court DISMISSES WITH PREJUDICE the action. Each party shall bear its costs and fees. The Clerk of Court is directed to close the case. IT IS SO ORDERED. / , DATED: March 9, 2022 Lin A (Ayphan 6 United States District Judge ‘orthe coo Electronic Case Ping Administrative Policies and Procedures Manual, United States District Court