Johnson v. Experian Information Solutions, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties jointly moved to dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion, dismissed the action with prejudice, and ordered the case closed.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss with Prejudice“Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant.” | agree with court The court correctly applied Rule 41(a)(1)(A)(ii), which allows for voluntary dismissal by stipulation signed by all parties. The parties explicitly requested dismissal with prejudice, and the court honored that stipulation, noting that dismissal is without prejudice unless the parties stipulate otherwise. The procedural requirement of filing a joint motion was satisfied. |
The order itself: sound — The order is procedurally correct and relies on the appropriate rule and supporting case law. It accurately reflects the parties' stipulation and the local rule requirement for a joint motion. There are no gaps in reasoning for this straightforward procedural order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 EVELYN JOHNSON., Case No. 21-cv-1698-BAS-AHG 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS (ECF No. 9)
14 EXPERIAN INFORMATION
SOLUTIONS, INC., 15 Defendant. 16 18 The parties have jointly moved pursuant to Federal Rule of Civil Procedure (“Rule”) 19 41(a)(1)(A)(ii) to dismiss Plaintiff’s claims in this action with prejudice (see Compl., ECF 20 No. 1). (Joint Mot., ECF No. 9.) The Joint Motion is signed by both parties. (Id. 2.) 21 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 22 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 23 moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties 24 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 25 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a compliant notice 26 or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 27 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 28 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 1 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 2 || litigants seek voluntary dismissal pursuant to Rule 41(a)(1)(i1), such a stipulation must be 3 || filed as a joint motion.! 4 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 5 9.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant. 6 || Each party shall bear its own costs and fees. The Clerk of Court is directed to close the 7 || case. 8 IT IS SO ORDERED. 9 10 || DATED: February 7, 2022 Lin A (Lyohaa 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sorthe □□ Electronic Case Ping Administrative Policies and Procedures Manual, United States District Court