Magiary v. Kia America, Inc.

• Court: District Court, S.D. California
• Decided: April 24, 2024
• Docket: 3:23-cv-01935
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ROBERT MAGIARY, et al., Case No. 23-cv-1935-BAS-BLM

12 Plaintiffs, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS WITH PREJUDICE (ECF No. 13) 14 KIA AMERICA, INC., 15 Defendant. 16 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 above-captioned action. (ECF No. 20 13.) 21 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 22 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 23 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 24 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 25 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 26 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 27 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 28 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, 2 litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 3 41(a)(1)(A)q@ai), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 4 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 5 (ECF No. 13.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 | Defendant. The Clerk of Court is directed to close the case. 7 IT IS SO ORDERED. 8 / 9 || DATED: April 24, 2024 (pil A (Bashan. 6 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.