Snopes Media Group, Inc. v. Mikkelson
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion 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 |
|---|---|
Joint Motion to Dismiss Action with Prejudice granted“Having considered the parties’ submission, the Court GRANTS Joint Motion. (ECF 17.) 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 voluntary dismissal by stipulation signed by all parties who have appeared. The parties jointly moved for dismissal with prejudice, and the court granted the motion as requested. The order correctly notes that while no court order is strictly required for a valid stipulation under the Federal Rules, the local rules of the Southern District of California require such stipulations to be filed as a joint motion, which the parties did. |
The order itself: sound — The order is procedurally correct and relies on the appropriate federal rules and Ninth Circuit precedent. It accurately identifies the mechanism for voluntary dismissal by stipulation and correctly applies the local rule requiring such stipulations to be filed as a joint motion in the Southern District of California. The result follows directly from the parties' joint request and the governing rules.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SNOPES MEDIA GROUP, INC., Case No. 21-cv-1730-BAS-DEB 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ACTION WITH PREJUDICE (ECF No. 17) 14 BARBARA MIKKELSON, 15 Defendant. 16 17 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 18 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint 19 Mot., ECF No. 17.) 20 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 21 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 22 moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties 23 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 24 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a compliant notice 25 or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 26 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 27 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 28 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 1 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 2 ||41(a)(1)(A)(ii), the stipulation of dismissal must be filed as a joint motion.! 3 Having considered the parties’ submission, the Court GRANTS Joint Motion. (ECF 4 17.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant. 5 Each party shall bear its own costs and attorney fees. The Clerk of Court is directed to 6 || close the case. 7 IT IS SO ORDERED. / , 8 || DATED: September 7, 2022 yi uA (Lyohaa 6 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‘orthe □□ Electronic Case Ping Administrative Policies and Procedures Manual, United States District Court