Wilson v. Maxim Healthcare Services, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to voluntarily dismiss the action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion, dismissed the action against the defendant without prejudice, and ordered the case closed.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss Action Without Prejudice“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 8.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against Defendant.” | agree with court The court correctly applied Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which allows for voluntary dismissal by stipulation signed by all parties who have appeared. The order notes that while no court order is strictly required for the dismissal to be effective, the local rules of the Southern District of California (CivLR 7.2) require such stipulations to be filed as a joint motion. Since the parties complied with this local procedural requirement and the stipulation was signed by all parties, the dismissal without prejudice is procedurally and substantively correct. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable federal rule for voluntary dismissal by stipulation, cites the relevant Ninth Circuit authority confirming the plaintiff's right to dismiss, and properly applies the local rule requiring the stipulation to be filed as a joint motion. The court's decision to grant the motion and dismiss the case without prejudice follows directly from the parties' joint submission and the cited authorities.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL WILSON, Case No. 22-cv-0993-BAS-WVG 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ACTION WITHOUT PREJUDICE (ECF No. 8) 14 MAXIM HEALTHCARE SERVICES, INC., 15 Defendant. 16 17 18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint 20 Mot., ECF No. 8.) 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 stipulation, in accordance with Rule 3 ||41(a)(1)(A)(a1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 4 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 5 ||(ECF No. 8.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against 6 Defendant. Each party shall bear its own costs and attorney fees. The Clerk of Court is 7 || directed to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: October 12, 2022 Lin 4 (aphaark 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28