Beverly Patricio v. Equifax Information Services, LLC, et al.
- 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.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii)“Having considered the parties’ submission, the Court GRANTS the joint motion. (Id.) 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 granted the motion. The dismissal with prejudice is consistent with the parties' joint request, as Rule 41(a)(1)(B) allows parties to stipulate to dismissal with prejudice. |
The order itself: sound — The order correctly identifies the applicable federal rule and local rule, cites appropriate authority for the right to voluntary dismissal, and grants the motion as requested by the parties. The reasoning is sufficient for a procedural order granting a joint motion to dismiss.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BEVERLY PATRICIO, Case No. 25-cv-00931-BAS-AHG 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL 14 EQUIFAX INFORMATION SERVICES, PROCEDURE 41(a)(1)(A)(ii) LLC, et. al, 15 Defendants. (ECF No. 26) 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. 26.) 19 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action by 20 (1) filing a notice of voluntary dismissal before a defendant has filed an answer or moved 21 for summary judgment or (2) filing a stipulation of dismissal signed by all parties who have 22 appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 F.3d 688, 23 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or stipulation, as 24 described in Rule 41(a)(1)(A), and no court order is required. Stone v. Woodford, No. CIV- 25 F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A dismissal is without 26 prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 41(a)(1)(B). However, the 27 local civil rules of this district require that where, as here, litigants seek voluntary dismissal 28 1 || pursuant to stipulation, in accordance with Rule 41(a)(1)(A)(i1), the stipulation of dismissal 2 || must be filed as a joint motion. See CivLR 7.2. 3 Here, Parties jointly filed to dismiss the present action. (ECF No. 26.) Having 4 ||considered the parties’ submission, the Court GRANTS the joint motion. (/d.) Thus, the 5 Court DISMISSES WITH PREJUDICE the action against Defendants. Each party shall 6 || bear its own costs and attorney’s fees. The Court also DIRECTS the Clerk of Court to 7 || close the case. 8 IT IS SO ORDERED. 9 ~ 10 || DATED: March 19, 2026 (yi. (Doha 1 H n. Cynthia Bashant, Chief Judge United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~_9_