Soto v. Wells Fargo Bank
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion, dismissing the case with prejudice and directing the Clerk to close the case.
| What the court decided | The model |
|---|---|
Grant of Joint Motion for Dismissal with Prejudice“Having considered Parties’ request, the Court GRANTS the Joint Motion to Dismiss. (U/d.) This case is hereby DISMISSED in its entirety WITH PREJUDICE, each side bearing his/her/its own fees and costs (except as provided in the confidential settlement agreement).” | agree with court The court correctly applied Rule 41(a)(1)(A)(ii), which allows voluntary dismissal by stipulation signed by all parties who have appeared. The order confirms the parties stipulated to dismissal with prejudice, satisfying the requirement that dismissal is without prejudice unless otherwise stipulated. The court also correctly noted the local rule requirement to file such stipulations as a joint motion. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal rule and supporting case law. It accurately reflects the parties' stipulation and the local rule requirements. There are no gaps in reasoning for this straightforward procedural motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ENRIQUE DURAN SOTO, Case No. 23-cv-1014-BAS-MMP 12 Plaintiff, ORDER GRANTING PARTIES’ 13 v. JOINT MOTION FOR DISMISSAL WITH PREJUDICE (ECF No. 20) 14 WELLS FARGO BANK, NATIONAL ASSOCIATION; AMERICAN 15 SECURITY INSURANCE 16 COMPANY; and DOES 1–50, inclusive, Defendants. 17 18 Before this Court is Parties’ request to dismiss this action with prejudice pursuant to 19 Federal Rule of Civil Procedure (“Rule”) 41. (ECF No. 20.) Under Rule 41(a)(1)(A), a 20 plaintiff has an absolute right to voluntarily dismiss her action by (1) filing a notice of 21 voluntary dismissal before a defendant has filed an answer or moved for summary 22 judgment, or (2) filing a stipulation of dismissal signed by all parties who have appeared. 23 See also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal pursuant 24 to Rule 41(a)(1)(A)(ii) is effective upon the filing of a compliant notice or stipulation. No 25 court order is required. See Stone v. Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 26 527766 (E.D. Cal. Feb. 16, 2007). Nonetheless, the local civil rules of this district require 27 28 | || that where, as here, litigants seek voluntary dismissal by filing a signed stipulation pursuant 2 ||to Rule 41(a)(1)(A)(ii), such a stipulation must be filed as a joint motion.! 3 A dismissal is without prejudice unless the parties stipulate otherwise. See Rule 4 ||41(a)(1)(B). Here, Parties have stipulated otherwise. (ECF No. 20 at 3:1-6.) 5 Having considered Parties’ request, the Court GRANTS the Joint Motion to 6 Dismiss. (U/d.) This case is hereby DISMISSED in its entirety WITH PREJUDICE, each 7 || side bearing his/her/its own fees and costs (except as provided in the confidential settlement 8 |}agreement). The Clerk of Court is directed to close the case. 9 IT ISSO ORDERED. 10 A , 11 DATED: January 23, 2024 Lin A (Ayphan 6 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 || ——_—— 28 See Rule 7.2(b), Electronic Case Filing Administrative Policies and Procedures Manual, United States District Court for the Southern District of California. ~_9.