Thurston v. Pollard

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANDERSON P. THURSTON, Case No. 21-cv-1578-BAS-BGS

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS

14 M. POLLARD, et al., (ECF No. 43) 15 Defendants.

17 Before this Court is the parties’ joint motion to dismiss this action with prejudice 18 under Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). (Joint Mot., ECF No. 40.) 19 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its 20 action or a party thereof by (1) filing a notice of voluntary dismissal before a defendant has 21 filed an answer or moved for summary judgment, or (2) filing a stipulation of dismissal 22 signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(i), (ii); see also Wilson 23 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the 24 filing of a compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court 25 order is required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 26 (E.D. Cal. Feb. 16, 2007). A dismissal is without prejudice unless the parties stipulate 27 otherwise. Fed. R. Civ. P. 41(a)(1)(B). 28 I Nonetheless, the local civil rules of this district require that where, as here, litigants 2 ||seek voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(ai), 3 a stipulation must be filed as a joint motion.' In accordance with this district’s local 4 rules, the parties filed Rule 41(a)(1)(A)(Gi1)-compliant stipulation, which they styled 5 a Joint Motion. (See ECF No. 40.) 6 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 7 40.) Thus, the Court DISMISSES WITH PREJUDICE the action. The parties shall 8 || bear their own costs and attorneys’ fees. The Clerk of Court is directed to close this case. 9 IT IS SO ORDERED. / , 10 || DATED: January 5, 2023 Lin A (Lyohaa 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sorthe □□ Electronic Case Ping Administrative Policies and Procedures Manual, United States District Court