Luis Castro, individually, and on behalf of all others similarly situated v. Plenums Plus, LLC, a limited liability company; and Does 1 through 10, inclusive
- Proceeding
- district
- Area
- civil
- Panel
- Cathy Ann Bencivengo (author)
Analysis
The parties filed a joint motion to arbitrate the plaintiff's individual claims and dismiss the class claims pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion, dismissing both the individual and class claims without prejudice and retaining jurisdiction to enforce any resulting arbitration award.
| What the court decided | The model |
|---|---|
Granting the joint motion to arbitrate plaintiff's individual claims and dismiss plaintiff's class claims pursuant to FRCP 41(a)(1)(A)(ii).“Having considered the Parties’ submission, the Court GRANTS the joint motion” | agree with court The order recites that the parties filed a joint motion and stipulation for dismissal. Under FRCP 41(a)(1)(A)(ii), a plaintiff may dismiss an action by filing a stipulation signed by all parties who have appeared. The court correctly notes that the local rules require this stipulation to be filed as a joint motion. The dismissal is without prejudice as required by FRCP 41(a)(1)(B) absent a contrary stipulation. The court's retention of jurisdiction to enforce the arbitration award is a standard procedural mechanism to ensure the arbitration agreement is honored and the award is enforceable in federal court. |
The order itself: sound — The order correctly applies the Federal Rules of Civil Procedure and Local Civil Rules to the parties' joint motion. It accurately cites the authority for voluntary dismissal and the requirement for a joint motion in this district. The result follows directly from the law and the record presented.
Opinion
1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 LUIS CASTRO, individually, and on Case No.: 3:25-cv-02621-CAB-SBC behalf of all others similarly situated, 14 ORDER GRANTING JOINT Plaintiff, 15 MOTION TO ARBITRATE v. PLAINTIFF’S INDIVIDUAL 16 CLAIMS AND DISMISS PLENUMS PLUS, LLC, a limited liability 17 PLAINTIFF’S CLASS CLAIMS company; and DOES 1 through 10, PURSUANT TO FRCP 41(a)(1)(A)(ii) 18 inclusive, 19 Defendants. [Doc. No. 6] 20 21 The Parties filed a Joint Motion to Arbitrate Plaintiff’s Individual Claims and 22 Dismiss Plaintiff’s Class Claims Pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of 23 Civil Procedure. [Doc. No. 6]. 24 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 25 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 26 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 27 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 28 1 ||/F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 2 ||stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 3 || Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 4 ||dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 5 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 6 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 7 41(a)C1)(A)Qi), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 8 Having considered the Parties’ submission, the Court GRANTS the joint motion in 9 The Court ORDERS as follows: 10 1. Plaintiff’s class claims are dismissed without prejudice; 11 2. Plaintiffs individual claims are dismissed without prejudice; 12 3. All Court related dates and proceedings are vacated; 13 4. The Court will retain jurisdiction over this matter to enforce any resulting 14 arbitration award; and 15 5. All Parties to bear their own fees and costs associated with dismissal of Plaintiff’ s 16 complaint. 17 It is SO ORDERED. 18 Dated: October 22, 2025 € Z 19 Hon. Cathy Ann Bencivengo 20 United States District Judge 21 22 23 24 25 26 27 28