Riddick v. Sony Electronics 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 action with prejudice, directing the Clerk to close the case.
| 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. 46.)” | agree with court The court correctly applied the local rule requiring a joint motion for voluntary dismissal by stipulation and granted the motion as requested by the parties. |
Dismissal of the action with prejudice.“Thus, the Court DISMISSES WITH PREJUDICE the action against Defendants.” | agree with court While Rule 41(a)(1)(B) provides that dismissal is without prejudice unless the parties stipulate otherwise, the court ordered dismissal with prejudice. In the context of a joint motion to dismiss, it is standard practice for the parties to stipulate to dismissal with prejudice to prevent refiling, and the court's order reflects the parties' agreement to end the litigation finally. |
The order itself: sound — The order correctly identifies the procedural mechanism for voluntary dismissal by stipulation under Rule 41(a)(1)(A)(ii) and the local rule requirement to file it as a joint motion. It cites appropriate authority for the right to dismiss and the effect of the dismissal. The reasoning is concise but sufficient for a procedural order granting a joint motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BERT RIDDICK, et al., Case No. 24-cv-00319-BAS-JLB 12 Plaintiffs, ORDER GRANTING PARTIES’ 13 v. JOINT MOTION TO DISMISS (ECF No. 46) 14 SONY ELECTRONICS, INC., 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 46.) 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. 46.) 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: October 22, 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.