Roe RV 47 v. Doe 1
- 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, ordering each party to bear its own costs and attorneys' fees.
| 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. 40.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendants.” | agree with court The court correctly applied the local rule requiring a joint motion for stipulated dismissal and properly granted the motion. The dismissal with prejudice is consistent with the parties' joint request, as voluntary dismissals are without prejudice only unless the parties stipulate otherwise (Fed. R. Civ. P. 41(a)(1)(B)). |
The order itself: sound — The order correctly identifies the applicable federal rule and local rule for voluntary dismissal by stipulation. It accurately notes that while no court order is strictly required for the dismissal to be effective, the local rule mandates the filing of a joint motion, which the parties complied with. The court's decision to dismiss with prejudice is appropriate given the parties' joint stipulation.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOHN ROE RV 47, Case No. 24-cv-02347-BAS-DDL 12 Plaintiff, ORDER GRANTING PARTIES’ 13 v. JOINT MOTION TO DISMISS 14 DOE 1, et al., (ECF No. 40) 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 instant action. (ECF No. 40.) 20 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 21 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 22 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 23 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 24 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 25 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 26 Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 27 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 28 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 1 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 2 41(a)(1)(A)(a1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 3 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 4 ||(ECF No. 40.) Thus, the Court DISMISSES WITH PREJUDICE the action against 5 || Defendants. Each party shall bear its own costs and attorneys’ fees. The Clerk of Court is 6 || directed to close the case. 7 IT IS SO ORDERED. 8 ~ 9 || DATED: August 21, 2025 (yi. (Duhark 10 H n. Cynthia Bashant, Chief Judge United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28