Gastelum v. MMPR El Centro Holdings LLC
- Proceeding
- district
- Area
- civil
- Panel
- Robert Steven Huie (author)
Analysis
The court considered a joint motion to dismiss filed by the parties. The court granted the motion and dismissed the action with prejudice.
| What the court decided | The model |
|---|---|
Joint Motion to Dismiss granted“The Motion satisfies the requirements of Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and is effective on filing.” | agree with court The order recites that the motion satisfies the requirements of Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which governs voluntary dismissal by joint stipulation. The court correctly applies the rule to dismiss the case with prejudice, as is standard for joint motions to dismiss under this rule. |
Action dismissed with prejudice“The action, in its entirety, is hereby DISMISSED WITH PREJUDICE.” | agree with court Dismissal with prejudice is the standard outcome for a voluntary dismissal by joint stipulation under Rule 41(a)(1)(A)(ii), barring the plaintiff from refiling the same claim. |
The order itself: sound — The order is a standard procedural disposition of a joint motion to dismiss. It correctly cites the relevant rule and a controlling Ninth Circuit case to support the dismissal with prejudice. The reasoning is sufficient for this type of motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 |} FERNANDO GASTELUM, Case No.: 25-cv-747-RSH-DEB 12 Plaintiff, 13 v. ORDER ON JOINT MOTION TO 14 |} MMPR EL CENTRO HOLDINGS LLC, DISMISS 15 Defendant. 16 [ECF No. 11] 17 8 Before the Court is the Parties’ Joint Motion to Dismiss. ECF No. 11. The Motion satisfies the requirements of Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and. is effective on filing. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The action, in its entirety, is hereby DISMISSED WITH PREJUDICE. Each Party is to bear its own fees and costs. The Clerk of Court is directed to close the case. IT IS SO ORDERED. ‘ NI Dated: June 2, 2025 [Reta © loon 26 Hon. Robert S. Huie 27 United States District Judge 28