Michael Grecco Productions, Inc. v. McKinnon Broadcasting Company

S.D. California

Michael Grecco Productions, Inc. v. McKinnon Broadcasting Company

DecidedFebruary 22, 2023

Docket3:22-cv-00935

StatusUnknown

This text of Michael Grecco Productions, Inc. v. McKinnon Broadcasting Company (Michael Grecco Productions, Inc. v. McKinnon Broadcasting Company) 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.

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Michael Grecco Productions, Inc. v. McKinnon Broadcasting Company, (S.D. Cal. 2023).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GRECCO PRODUCTIONS, Case No. 22-cv-00935-BAS-AHG INC., 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS (ECF No. 30) v. 14 THE ASSOCIATED PRESS, a Delaware 15 Corporation, 16 Defendant. 17

18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint Mot., ECF 20 No. 30.) 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 compliant notice 26 or 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. 30.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 || Defendant. Each party shall bear its own costs and attorney fees. The Clerk of Court is 7 || directed to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: February 22, 2023 (pil A (Haoho: 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GRECCO PRODUCTIONS, Case No. 22-cv-00935-BAS-AHG INC., 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS (ECF No. 30) v. 14 THE ASSOCIATED PRESS, a Delaware 15 Corporation, 16 Defendant. 17

18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint Mot., ECF 20 No. 30.) 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 compliant notice 26 or 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. 30.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 || Defendant. Each party shall bear its own costs and attorney fees. The Clerk of Court is 7 || directed to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: February 22, 2023 (pil A (Haoho: 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.

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