Wright v. Ulta Salon, Cosmetics & Fragrance, Inc.

Opinion

JOAN WRIGHT, Case No. 22-cv-1954-BAS-BLM

Plaintiff, ORDER GRANTING PARTIES’ v. JOINT MOTION FOR DISMISSAL WITH PREJUDICE (ECF No. 27)

FRAGRANCE, INC., Defendant. Before this Court is Parties’ request to dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure (“Rule”) 41. (ECF No. 27.) Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss her 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. 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)(ii), 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 by moving jointly for dismissal of Plaintiff Joan Wright’s claims with prejudice and the putative class’s claims without prejudice. (Mot., ECF No. 27 at 2:2-4.) Having considered the parties’ request, the Court GRANTS the Joint Motion to Dismiss. (ECF No. 27.) Thus, the Court DISMISSES WITH PREJUDICE □□□□□□□□□□□ instant action. The Clerk of Court is directed to close the case. A , DATED: January 16, 2024 (Yin A (Lyphan United States District Judge ——_—— See Electronic Case Filing Administrative Policies and Procedures Manual, United States District Court for the Southern District of California. ~_9.