Teresita Domingo v. Costco Wholesale Corporation
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to voluntarily dismiss the action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion and dismissed the action with prejudice, directing the Clerk to close the case.
| What the court decided | The model |
|---|---|
Granting the parties' joint motion to dismiss the action with prejudice.“Thus, the Court DISMISSES WITH PREJUDICE the action against Defendants.” | agree with court The court correctly applied Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which allows voluntary dismissal by stipulation signed by all parties. The order notes that while dismissal is without prejudice unless stipulated otherwise, the parties' joint motion (stipulation) resulted in a dismissal with prejudice, which is permissible under the rule if the parties agree to that outcome. The court also correctly cited the local rule requiring such stipulations to be filed as a joint motion. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal and local rules. It accurately reflects that voluntary dismissal by stipulation is a right of the parties and that the local rule requires the stipulation to be presented as a joint motion. The decision to dismiss with prejudice is consistent with the parties' agreement as evidenced by the joint motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TERESITA DOMINGO, Case No. 23-cv-01731-BAS-SBC 12 Plaintiff, ORDER GRANTING PARTIES’ 13 v. JOINT MOTION TO DISMISS (ECF No. 51) 14 COSTCO WHOLESALE CORPORATION, et al., 15 Defendants. 16 17 18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 20 51.) 21 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 22 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 23 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 24 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 25 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 26 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 27 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 28 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 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. 51.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 || Defendants. Each party shall bear its own costs and attorneys’ fees. The Clerk of Court is 7 || directed to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: Oct 9, 2024 (pil A (Asha 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.