Anthony Lawrence-Devonn Calhoun v. General Dynamics Information Technology, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Robert Steven Huie (author)
Analysis
The court reviewed the parties' joint stipulation of dismissal with prejudice. The court ordered that the action be dismissed with prejudice in its entirety.
| What the court decided | The model |
|---|---|
Dismissal of the action with prejudice based on the parties' joint stipulation.“The action, in its entirety, is hereby DISMISSED WITH PREJUDICE.” | agree with court The court correctly applied Federal Rule of Civil Procedure 41(a)(1)(A)(i), which allows a plaintiff to dismiss an action without a court order by filing a notice of dismissal signed by all parties who have appeared, provided the action has not been served with a counterclaim or a motion for summary judgment. The court cited Wilson v. City of San Jose, which confirms that a joint stipulation of dismissal with prejudice is effective upon filing and satisfies the requirements of Rule 41(a)(1)(A)(i). The decision follows directly from the procedural rule and the parties' agreement. |
The order itself: sound — The order is procedurally correct and cites the appropriate Ninth Circuit authority for the proposition that a joint stipulation of dismissal with prejudice is effective upon filing under Rule 41(a)(1)(A)(i). The reasoning is sufficient for a procedural dismissal based on stipulation.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANTHONY LAWRENCE-DEVONN Case No.: 26-cv-2673-RSH-DEB CALHOUN, 12 ORDER OF DISMISSAL Plaintiff, 13 v. 14 [ECF No. 11] GENERAL DYNAMICS 15 INFORMATION TECHNOLOGY, INC., 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28 | Before the Court is the Parties’ Joint Stipulation of Dismissal With Prejudice. ECF 2 |INo. 11. The stipulation satisfies the requirements of Rule 41(a)(1)(A)(i) and is effective 3 lon filing. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The action, in 4 | its entirety, is hereby DISMISSED WITH PREJUDICE. 5 6 IT IS SO ORDERED. 7 8 || Dated: August 26, 2026 fekut C Ue ? Hon. Robert S.Huie 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28