Marine Group Boat Works, LLC v. F /V Heather, a 1979 73.6 Foot Commercial Fishing Vessel

S.D. California

Marine Group Boat Works, LLC v. F /V Heather, a 1979 73.6 Foot Commercial Fishing Vessel

DecidedAugust 23, 2024

Docket3:24-cv-01303

StatusUnknown

This text of Marine Group Boat Works, LLC v. F /V Heather, a 1979 73.6 Foot Commercial Fishing Vessel (Marine Group Boat Works, LLC v. F /V Heather, a 1979 73.6 Foot Commercial Fishing Vessel) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marine Group Boat Works, LLC v. F /V Heather, a 1979 73.6 Foot Commercial Fishing Vessel, (S.D. Cal. 2024).

Pincite

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARINE GROUP BOAT WORKS, LLC, Case No. 24-cv-1303-BAS-DDL

12 Plaintiff, ORDER GRANTING PARTIES’ 13 v. JOINT MOTION TO DISMISS AND ORDERING RELEASE OF VESSEL 14 F/V HEATHER, FROM CUSTODY 15 Defendant. (ECF No. 11) 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 11.) 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. 1 ||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)(1), 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. 11.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against 6 ||Defendant pursuant to the executed settlement agreement. Additionally, it is hereby 7 || ORDERED that the U.S. Marshal Service for the Southern District of California shall 8 || forthwith release the Defendant Vessel F/V Heather G from custody and shall inform the 9 || Substitute Custodian that this Court has ordered such release. The Clerk of Court is 10 || directed to close the case. 11 IT IS SO ORDERED. 12 13 || DATED: August 23, 2024 (pil A (Asha 6 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.

Free access — add to your briefcase to read the full text and ask questions with AI

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARINE GROUP BOAT WORKS, LLC, Case No. 24-cv-1303-BAS-DDL

12 Plaintiff, ORDER GRANTING PARTIES’ 13 v. JOINT MOTION TO DISMISS AND ORDERING RELEASE OF VESSEL 14 F/V HEATHER, FROM CUSTODY 15 Defendant. (ECF No. 11) 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 11.) 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. 1 ||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)(1), 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. 11.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against 6 ||Defendant pursuant to the executed settlement agreement. Additionally, it is hereby 7 || ORDERED that the U.S. Marshal Service for the Southern District of California shall 8 || forthwith release the Defendant Vessel F/V Heather G from custody and shall inform the 9 || Substitute Custodian that this Court has ordered such release. The Clerk of Court is 10 || directed to close the case. 11 IT IS SO ORDERED. 12 13 || DATED: August 23, 2024 (pil A (Asha 6 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.

Cite This Page — Counsel Stack

Bluebook (online)

Marine Group Boat Works, LLC v. F /V Heather, a 1979 73.6 Foot Commercial Fishing Vessel, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marine-group-boat-works-llc-v-f-v-heather-a-1979-736-foot-commercial-casd-2024.

Opinion

Related

Cite This Page — Counsel Stack