Hinton v. LVNV Funding, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to voluntarily dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion, dismissed the action against the defendant with prejudice, and ordered the case closed.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss Action with Prejudice“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 5.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant.” | agree with court The court correctly applied Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which allows for voluntary dismissal by stipulation signed by all parties. The parties explicitly requested dismissal with prejudice, and the court honored that stipulation. The procedural requirement of filing a joint motion under Local Civil Rule 7.2 was also satisfied. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal and local rules. It accurately reflects the parties' stipulation to dismiss with prejudice. The reasoning is concise but sufficient for a procedural dismissal based on stipulation.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAHMIRA HINTON, Case No. 25-cv-00313-BAS-JLB 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ACTION WITH PREJUDICE (ECF No. 5) 14 LVNV FUNDING, LLC, 15 Defendant.
16 17 18 19 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 20 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 21 5.) 22 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 23 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 24 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 25 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 26 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 27 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 28 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A | ||dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 2 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 3 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 4 ||41(a)(1)(A)(i1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 5 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 6 (ECF No. 5.) Thus, the Court DISMISSES WITH PREJUDICE the action against 7 Defendant. Each party shall bear its own costs and attorneys’ fees. The Clerk of Court is 8 || directed to close the case. 9 IT IS SO ORDERED. 10 ~ 11 || DATED: March 21, 2025 yatta Bihar 2 H n. Cynthia Bashant, Chief Judge United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28