Estate of Joe Anaya III v. Imperial County
- Proceeding
- district
- Area
- civil
- Panel
- Robert Steven Huie (author)
Analysis
The parties filed a joint motion to dismiss the civil action. The court granted the motion and dismissed the case with prejudice, directing the Clerk to close the case.
| What the court decided | The model |
|---|---|
Joint Motion to Dismiss granted; action dismissed with prejudice“The action, in its entirety, is hereby DISMISSED WITH PREJUDICE.” | agree with court The order states that the motion satisfies the requirements of Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which governs voluntary dismissal by joint stipulation. Under this rule, a dismissal by stipulation is effective upon filing and is typically with prejudice unless otherwise stated. The court's reliance on the cited Ninth Circuit authority confirms the procedural validity of the dismissal. |
The order itself: sound — The order correctly identifies the procedural basis for the dismissal (Rule 41(a)(1)(A)(ii)) and cites appropriate Ninth Circuit authority confirming that such a dismissal is effective upon filing. The result follows directly from the parties' joint stipulation and the cited rule.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ESTATE OF JOE ANAYA III, by estate Case No.: 23-cv-1670-RSH-LR representative Martha Anaya; 12 SAMANTHA ANAYA; J.A., a minor, ORDER ON JOINT MOTION TO 13 through his guardian ad litem, Pamela DISMISS Estrada; and M.A., a minor through her 14 guardian ad litem, Vanessa Muhebes, [ECF No. 29] 15 Plaintiffs, 16 v. 17 IMPERIAL COUNTY, et al., 18 Defendants. 19 20 Before the Court is the Parties’ Joint Motion to Dismiss. ECF No. 29. The Motion 21 satisfies the requirements of Rule 41(a)(1)(A)(ii) and is effective on filing. See Wilson v. 22 City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The action, in its entirety, is hereby 23 DISMISSED WITH PREJUDICE. Each Party is to bear its own fees and costs. 24 // 25 // 26 // 27 1 The Clerk of Court is directed to close the case. 2 IT IS SO ORDERED. ‘ 3 Dated: November 26, 2024 Jehu 7 ‘ Howe 4 Hon. Robert S. Huie United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28