Kevin Rutz v. Newrez, LLC and The Bank of New York Melon

Opinion

1 2 3 4 5 6 7 10 11 KEVIN RUTZ, Case No. 25-cv-02671-BAS-DDL Plaintiff, 12 v. ORDER: 13 (1) GRANTING JOINT MOTION TO DISMISS (ECF No. 27); 14 NEWREZ, LLC and THE BANK OF (2) VACATING AS MOOT DEFENDANT’S MOTION TO 15 NEW YORK MELON, DISMISS (ECF No. 16) 16 Defendants. 17 18 Before the Court is Parties’ Joint Motion to Dismiss (ECF No. 27) and Defendants 19 Newrez, LLC and The Bank of New York Melon’s Motion to Dismiss (ECF No. 16). 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 Here, Parties jointly move to dismiss the present action under Rule 41(a)(1)(A)(i1). 4 ||(ECF No. 27.) Having considered the parties’ submission, the Court GRANTS the joint 5 |}motion. (d.) Thus, the Court DISMISSES WITH PREJUDICE the action. 6 || Accordingly, the Court also VACATES AS MOOT Defendants’ Motion to Dismiss. 7 (ECF No. 16.) Each party shall bear its own costs and attorney’s fees. The Court also 8 || DIRECTS the Clerk of Court to close the case. 10 ~ 11 || DATED: July 8, 2026 yatta Bihar 2 H n. Cynthia Bashant, Chief Judge United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28