Shahnaz Zarif, individually and on behalf of others similarly situated v. Hwareh.com, Inc.

Opinion

SHAHNAZ ZARIF, individually and on Case No. 23-cv-00565-BAS-DEB behalf of others similarly situated, ORDER GRANTING JOINT Plaintiff, MOTION TO DISMISS ENTIRE v. ACTION WITH PREJUDICE (ECF No. 48) HWAREH.COM, INC., Defendant.

Pending before the Court is the parties’ joint motion pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 9.) Under Rule 41(a)(1), 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 or (2) filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 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, litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 48.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiffs individual claims against Defendants. Although Plaintiff filed this case as a putative class action, the Court did not certify a class. Therefore, this dismissal does not affect the putative class members’ claims. Each party shall bear its own costs and attorney’s fees. The Court also DIRECTS the Clerk of Court to close the case. DATED: October 20, 2025 (yatta Bahar B H n. Cynthia Bashant, Chief Judge United States District Court ~_9_