(PC) Brass v. Montgomery

Opinion

GARY BRASS, JR., Case No. 22-cv-1466-BAS-MSB

Plaintiff, ORDER GRANTING PARTIES’ v. JOINT MOTION TO DISMISS (ECF No. 28)

Defendant. Before this Court is the parties’ request to dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure (“Rule”) 41. (Mot., ECF No. 28.) 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, see Rule 41(a)(1)(A)(i), or (2) filing a stipulation of dismissal signed by all parties who have appeared, see Rule 41(a)(1)(A)(ii). See also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal pursuant to Rule 41(a)(1)(A)(ii) is effective upon the filing of a compliant notice or stipulation. No court order is required. See Stone v. Woodford, CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). Nonetheless, 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)(i1), such a stipulation must be filed as a joint motion.! A dismissal is without prejudice unless the parties stipulate otherwise. See Fed. R. Civ. P. 41(a)(1)(B). Here, the parties have stipulated otherwise. (See Mot., ECF No. 28 (stipulating to dismissal with prejudice).) Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF No. 28.) Thus, the Court DISMISSES WITH PREJUDICE the instant action. The Clerk Court is directed to close the case. ) DATED: July 1, 2024 (Yin A (Lyohan. United States District Judge ——_—— See Electronic Case Filing Administrative Policies and Procedures Manual, United States District Court for the Southern District of California. 4.