Lauren Bower v. Globalization Partners LLC, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a 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 claims with prejudice, and ordered the case closed.
| What the court decided | The model |
|---|---|
Granting the joint motion to dismiss the entire action with prejudice“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 27.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiff's claims against Defendants.” | agree with court The court correctly applied Rule 41(a)(1)(A)(ii), which allows voluntary dismissal by stipulation signed by all parties who have appeared. The parties filed a joint motion as required by Local Civil Rule 7.2. The stipulation for dismissal with prejudice is valid under Rule 41(a)(1)(B), which provides that dismissal is without prejudice unless the parties stipulate otherwise. The court’s order follows directly from the rule and the parties' agreement. |
The order itself: sound — The order correctly identifies the applicable federal rule and local rule. It accurately states that a stipulation of dismissal signed by all parties allows for voluntary dismissal and that the parties may stipulate to dismissal with prejudice. The court properly granted the joint motion as required by local rules. The reasoning is complete and supported by the cited authorities.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LAUREN BOWER, Case No. 25-cv-01763-BAS-JAC 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ENTIRE ACTION WITH PREJUDICE (ECF 14 GLOBALIZATION PARTNERS LLC, et No. 27) al., 15 Defendants. 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. 27.) 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)(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. 27.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiff's claims 5 |}against Defendants. Each party shall bear its own costs and attorney’s fees. The Court 6 |}also DIRECTS the Clerk of Court to close the case. 7 IT IS SO ORDERED. 8 ~ 9 || DATED: June 4, 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 a.