Marisabel Rocha v. Sea World LLC et al.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to 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 joint motion to dismiss entire action with prejudice“the Court GRANTS the joint motion. (Id.) Thus, the Court DISMISSES WITH PREJUDICE the action.” | agree with court The parties jointly moved to dismiss under Rule 41(a)(1)(A)(ii). Rule 41(a)(1)(B) provides that a dismissal under this subsection is without prejudice unless the court orders otherwise or the parties stipulate otherwise. The order states the parties seek dismissal and the court dismisses with prejudice, implying the stipulation included a provision for dismissal with prejudice, which is permissible under the rule. The court correctly applied the local rule requiring a joint motion for stipulated dismissals. |
The order itself: sound — The order correctly identifies the procedural mechanism for voluntary dismissal by stipulation under Rule 41(a)(1)(A)(ii) and the local rule requirement for a joint motion. It correctly notes that dismissal is without prejudice unless stipulated otherwise, and since the parties jointly moved for dismissal with prejudice (implied by the court's grant of such dismissal based on the joint motion), the result is legally sound. The reliance on Wilson v. City of San Jose and the text of the Rules is appropriate.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARISABEL ROCHA, Case No. 24-cv-02079-BAS-BJW 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ENTIRE ACTION WITH PREJUDICE 14 SEA WORLD LLC et al., (ECF No. 29) 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. 29.) 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 Here, Parties jointly move to dismiss the present action. (ECF No. 29.) Having 4 ||considered the parties’ submission, the Court GRANTS the joint motion. (/d.) Thus, the 5 ||Court DISMISSES WITH PREJUDICE the action. Each party shall bear its own costs 6 ||and attorney’s fees, unless otherwise agreed in writing. The Court also DIRECTS the 7 || Clerk of Court to close the case. 8 IT IS SO ORDERED. 9 ~ 10 || DATED: July 2, 2026 (yi. (Duhark 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_