Alexander Usasilp v. Equifax Information Services, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered a joint motion by the plaintiff and defendant to dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion, dismissed the plaintiff's claims 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. 8.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiffs individual claims against Defendants.” | 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 jointly moved for dismissal with prejudice, and the court granted the request. The citation to local rules regarding the format of the motion (CivLR 7.2) was appropriate for the Southern District of California. The 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 reflects the parties' joint request. The reasoning is sufficient for a stipulated dismissal.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ALEXANDER USASILP, Case No. 25-cv-02993-BAS-MMP 12 Plaintiff, ORDER GRANTING JOINT 13 v. STIPULATION TO DISMISS ENTIRE ACTION WITH 14 EQUIFAX INFORMATION SERVICES, PREJUDICE (ECF No. 8) LLC, 15 Defendant. 16 17 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 18 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 19 8.) 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. 8.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiffs individual 5 ||claims against Defendants. Each party shall bear its own costs and attorney’s fees. The 6 || Court also DIRECTS the Clerk of Court to close the case. 7 IT IS SO ORDERED. 8 ~ 9 || DATED: March 12, 2026 (yatta Bahar ke 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