QuickMed Diagnostic, Inc. v. California Physicians’ Service and Blue Shield of California Life & Insurance Company
- 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 |
|---|---|
Joint motion to dismiss action granted“Having considered the parties’ submission, the Court GRANTS the joint motion.” | 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 who have appeared. The court also correctly noted the local rule requirement (CivLR 7.2) that such stipulations be filed as a joint motion. The dismissal with prejudice is consistent with the parties' joint request and the rule's default provision that dismissal is without prejudice unless otherwise stipulated. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal rules and local rules. It accurately states the legal standard for voluntary dismissal by stipulation and correctly applies it to the joint motion filed by the parties. The dismissal with prejudice is consistent with the parties' joint request.
Opinion
1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT 13 SOUTHERN DISTRICT OF CALIFORNIA 14 15 QUICKMED DIAGNOSTIC, INC., Case No. 25-cv-3021-BAS-BLM 16 Plaintiff, ORDER GRANTING JOINT 17 v. MOTION TO DISMISS ACTION 18 CALIFORIA PHYSICIANS’ SERVICE (ECF No. 15) and BLUE SHIELD OF CALIFORNIA 19 LIFE & INSURANCE COMPANY, 20 Defendants. 21 22 Pending before the Court is Parties’ joint motion pursuant to Federal Rule of Civil 23 Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 15.) 24 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 25 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 26 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 27 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 28 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 1 || stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 2 || Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 3 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 4 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 5 litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 6 || 41(a)(1)(A)Gi), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 7 Here, Parties jointly move to dismiss the present action. (ECF No. 15.) Having 8 considered the parties’ submission, the Court GRANTS the joint motion. (/d.) Thus, the 9 || Court DISMISSES WITH PREJUDICE the action. Each party shall bear its own costs 10 ||and attorney’s fees, unless otherwise agreed in writing. The Court also DIRECTS the 11 || Clerk of Court to close the case. 12 IT IS SO ORDERED. 13 ~ 14 || DATED: July 23, 2026 (yatta Bahar □□ 15 H n. Cynthia Bashant, Chief Judge United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28 ~_9_