Becerra v. Allstate Northbrook Indemnity Company
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to dismiss the action with prejudice pursuant to a signed stipulation of settlement. The court granted the motion and dismissed the case with prejudice.
| What the court decided | The model |
|---|---|
Granting the Joint Motion to Dismiss“Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF No. 16.)” | 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 parties stipulated to dismissal with prejudice, which is permitted under Rule 41(a)(1)(B). The court also correctly noted the local administrative requirement to file such a stipulation as a joint motion. |
Dismissing the action with prejudice“Thus, the Court DISMISSES WITH PREJUDICE the instant action.” | agree with court Dismissal with prejudice is the appropriate outcome when parties stipulate to it in a voluntary dismissal under Rule 41(a)(1)(A)(ii). The order explicitly states the parties reached a negotiated settlement and stipulated to dismissal with prejudice. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal rules and case law to support the dismissal. It accurately reflects the parties' stipulation and the local court rules requiring a joint motion for such stipulations. 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 STEFANIE BECERRA, Case No. 22-cv-0202-BAS-MSB 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS (ECF No. 16)
14 ALLSTATE NORTHBROOK
INDEMNITY COMPANY, 15 Defendant. 16 17 18 Before this Court is the parties’ request to dismiss this action with prejudice, having 19 reached and executed a negotiated settlement. (Joint Mot., ECF No. 16.) In support of that 20 request, the parties filed a “joint stipulation,” signed by all parties who have appeared. (Id.) 21 Under Federal Rule of Civil Procedure 41(a)(1)(A), a plaintiff has an absolute right 22 to voluntarily dismiss its action by (1) filing a notice of voluntary dismissal before a 23 defendant has filed an answer or moved for summary judgment, see id. 41(a)(1)(A)(i), or 24 (2) filing a stipulation of dismissal signed by all parties who have appeared, see id. 25 41(a)(1)(A)(ii). See also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 26 Dismissal pursuant to Rule 41(a)(1)(A)(ii) is effective upon the filing of a compliant notice 27 or stipulation. No court order is required. See Stone v. Woodford, CIV-F-05-845 AWI- 28 1 || DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A dismissal is without prejudice unless 2 || the parties stipulate otherwise. See Fed. R. Civ. P. 41(a)(1)(B). 3 Nonetheless, the local civil rules of this district require that where, as here, litigants 4 ||seek voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(ii), 5 ||such a stipulation must be filed as a joint motion.! 6 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 7 || No. 16.) Thus, the Court DISMISSES WITH PREJUDICE the instant action. The Clerk 8 Court is directed to close the case. 9 IT IS SO ORDERED. / , 10 || DATED: November 30, 2022 Lin Q__ Bushauwks 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 || ——_—— 28 ' See Electronic Case Filing Administrative Policies and Procedures Manual, United States District Court for the Southern District of California.