ZIIP Inc. v. Carol Cole Co.

Opinion

1 2 3 4 5 6 7 10 11 ZIIP Inc., Case No. 25-cv-02281-BAS-JAC

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS CLAIMS WITH PREJUDICE (ECF No. 14)

15 Defendant.

16 Pending before the Court is Parties’ joint motion pursuant to Federal Rule of Civil 17 Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss with prejudice all claims asserted by Plaintiff 18 ZIIP Inc. (“ZIIP”) against Defendant Carol Cole Co. (“Carol Cole”) and counterclaims 19 asserted by Carol Cole. (ECF No. 14.) 20 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 21 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 22 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 23 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 24 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 25 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 26 Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 27 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 28 1 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 2 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 3 ||41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 4 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 5 ||(ECF No. 14.) Thus, the Court DISMISSES WITH PREJUDICE all claims asserted by 6 || ZUP against Carol Cole and counterclaims asserted by Carol Cole. ZIP and Carol Cole 7 || shall each bear their own attorneys’ fees, expenses, and costs. 9 ~ 10 || DATED: June 4, 2026 (yi. (Duhark 1 H n. Cynthia Bashant, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28