Gregory Weyl v. DEPCOM Power, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered the parties' joint motion to dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and Local Civil Rule 7.2. The court granted the motion, dismissed the action with prejudice, and directed the Clerk to close the case.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss Entire Action with Prejudice“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 32.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendants.” | agree with court The court correctly applied Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which permits voluntary dismissal by stipulation signed by all parties. The parties filed a joint motion as required by Local Civil Rule 7.2. The stipulation for dismissal with prejudice is valid and binding on the parties. The court's decision follows directly from the rule and the parties' agreement. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal and local rules. It accurately states that Rule 41(a)(1)(A)(ii) allows dismissal by stipulation and that Local Rule 7.2 requires such stipulations to be filed as joint motions. The court correctly notes that dismissal is without prejudice unless stipulated otherwise, and here the parties stipulated to dismissal with prejudice. The reasoning is concise but sufficient for a routine voluntary dismissal.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GREGORY WEYL, Case No. 25-cv-0741-BAS-DEB 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ENTIRE ACTION WITH PREJUDICE (ECF 14 DEPCOM Power, Inc., No. 32) 15 Defendant. 16 17 Pending before the Court is Parties’ joint motion pursuant to Federal Rule of Civil 18 Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 32.) 19 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 20 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 21 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 22 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 23 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 24 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 25 Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 26 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 27 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 28 1 |{litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 2 ||41(a)(1)(A)(1), 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. 32.) Thus, the Court DISMISSES WITH PREJUDICE the action against 5 ||Defendants. Each party shall bear its own costs and attorney’s fees. The Court also 6 || DIRECTS the Clerk of Court to close the case. 7 IT IS SO ORDERED. 8 ~ 9 || DATED: December 5, 2025 (yatta Bahar □□ 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 —9d_