Greenley v. Kochava, Inc.
- 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 case without prejudice.
| What the court decided | The model |
|---|---|
Grant of the parties' joint motion to dismiss the action.“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 85.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against Defendant.” | agree with court The decision follows directly from the text of Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which allows voluntary dismissal by stipulation signed by all parties. The order confirms the motion was joint and cites the correct rule and local rule (CivLR 7.2) requiring the stipulation to be filed as a joint motion in this district. The dismissal is without prejudice, consistent with Rule 41(a)(1)(B) absent a contrary stipulation. |
The order itself: sound — The order correctly identifies the procedural mechanism for voluntary dismissal by stipulation under Rule 41(a)(1)(A)(ii). It accurately cites the Ninth Circuit precedent (Wilson) confirming the absolute right to dismiss by stipulation. It correctly notes that while no order is technically required for the dismissal to be effective (citing Stone), the local rule (CivLR 7.2) requires the stipulation to be presented as a joint motion, which the parties did. The result (dismissal without prejudice) is the default outcome under Rule 41(a)(1)(B). The reasoning is complete and legally sound for a procedural dismissal order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHAHNAZ ZARIF and SHERI BATE, Case No. 22-cv-01327-BAS-AHG individually and on behalf of others 12 similarly situated, ORDER GRANTING PARTIES’ 13 JOINT MOTION TO DISMISS Plaintiffs, (ECF No. 85) 14 v. 15 KOCHAVA, INC., 16 Defendant. 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 85.) 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. 85.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against 6 Defendant. 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: October 17, 2024 (pil Q_« Ayphan. 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.