Ford v. Isagenix International, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Robert Steven Huie (author)
Analysis
The court reviewed the parties' stipulation of dismissal and a pending motion for a temporary restraining order. It granted the stipulation, dismissing the action with prejudice and denying the motion as moot.
| What the court decided | The model |
|---|---|
Stipulation of Dismissal granted; action dismissed with prejudice“The action, in its entirety, is hereby DISMISSED WITH PREJUDICE.” | agree with court The order recites that the stipulation satisfies the requirements of Rule 41(a)(1)(A)(i) and cites Wilson v. City of San Jose for the proposition that such a stipulation is effective upon filing. Dismissing with prejudice is the standard consequence of a voluntary dismissal under this rule. |
Plaintiff's Motion for a Temporary Restraining Order denied as moot“Plaintiff's Motion for a Temporary Restraining Order [ECF No. 2] is DENIED as moot.” | agree with court Because the action was dismissed in its entirety, the underlying controversy was resolved, rendering the request for interim relief moot. |
The order itself: sound — The order correctly applies the cited authority to the facts presented (a stipulation of dismissal) and reaches the logical conclusion that the case is dismissed and pending motions are moot. It is procedurally complete for a stipulated dismissal.
Opinion
l 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 || EMILY FORD, Case No.: 24-cv-2334-RSH-VET 2 Plants | ORDER GRANTING REQUEST FOR 13 || ORDER OF DISMISSAL 14 || ISAGENIX INTERNATIONAL LLC, [ECF Nos. 25, 27] 15 Defendant. 16 17 18 Before the Court is the Parties’ “Stipulation of Dismissal.” ECF Nos. 25, 27. The 19 || stipulation satisfies the requirements of Rule 41(a)(1)(A)() and is effective on filing. 20 || Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The action, in its entirety, is 21 ||hereby DISMISSED WITH PREJUDICE. Each Party is to bear its own fees and costs. 22 ||The Clerk of Court is directed to close the case. Plaintiff's Motion for a Temporary 23 || Restraining Order [ECF No. 2] is DENIED as moot. 24 IT IS SO ORDERED. 25 Dated: January 28, 2025 fekut C [bonne 26 7 Hon. Robert S. Huie United States District Judge