Courson v. Regency RV
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint stipulation seeking dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the stipulation, construed as a joint motion, and dismissed the action with prejudice.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss (Stipulation of Dismissal)“Thus, the Court DISMISSES WITH PREJUDICE the action against Defendants.” | 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. The parties explicitly stipulated to dismissal with prejudice, overriding the default rule of dismissal without prejudice under Rule 41(a)(1)(B). The court also correctly noted the local rule requirement to file such stipulations as joint motions. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal rules and case law. It accurately reflects the parties' stipulation and the local rule requirement for filing a joint motion. The reasoning is concise but sufficient for a stipulated dismissal.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL WILLIAM COURSON, et al., Case No. 21-cv-0980-BAS-MSB 12 Plaintiffs, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS (ECF No. 35)
14 REGENCY RV, et al., 15 Defendants. 16 17 On August 22, 2022, the parties have jointly filed a Stipulation of Dismissal 18 (“Stipulation”) pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). 19 (Stipulation, ECF No. 35.) The Stipulation is signed by both parties and seeks dismissal 20 of this action with prejudice. 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. 2 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 3 || litigants seek voluntary dismissal pursuant to Rule 41(a)(1)(A)(i1), the stipulation of 4 || dismissal must be filed as a joint motion.! 5 Having considered the parties’ request, the Court construes the Stipulation as a Joint 6 || Motion, which it GRANTS. (ECF No. 20.) Thus, the Court DISMISSES WITH 7 || PREJUDICE the action against Defendants. The Clerk of Court is directed to close the 8 || case. 9 IT IS SO ORDERED. / , 10 || DATED: August 26, 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