Tamraz v. Bakotic Pathology Associates, L.L.C.

Opinion

7 10 AARON TAMRAZ, on behalf of Case No. 22-cv-0725-BAS-WVG 11 himself and all others similarly situated, ORDER GRANTING JOINT MOTION Plaintiff, 13 [ECF No. 30] v. 14 BAKOTIC PATHOLOGY 16 Defendant. 17 18

19 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 20 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint 21 Mot., ECF No. 30) 22 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its 23 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 24 or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all 25 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San 26 Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a 27 compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 28 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 3 || where, as here, litigants seek voluntary dismissal pursuant to stipulation, in accordance 4 || with Rule 41(a)(1)(A)(), the stipulation of dismissal must be filed as a joint motion. See 5 || CivLR 7.2. 6 Having considered the parties’ submission, the Court GRANTS Joint Motion. 7 ||(ECF No. 30.) Thus, the Court DISMISSES WITH PREJUDICE the action against g || Defendant. Each party shall bear its own costs and attorney fees. The Clerk of Court is g || directed to close the case. é 12 || DATED: June 30, 2023 (pill 4 (Ayphan 6 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28