Izadbakhsh v. Garland
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to dismiss the case with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). The court construed the motion as a notice of dismissal, dismissed the action with prejudice, and directed the Clerk to close the case.
| What the court decided | The model |
|---|---|
Dismissal of the action with prejudice“Accordingly, the Court construes the Joint Motion as a Notice of Dismissal, DISMISSES WITH PREJUDICE the instant action, and DIRECTS the Clerk of Court to close this matter.” | agree with court The court correctly applied Rule 41(a)(1)(A)(i), which allows a plaintiff to voluntarily dismiss an action by filing a notice of dismissal before an answer or motion for summary judgment is filed. The order notes that the defendant had not yet responded, satisfying the procedural prerequisite. The parties' joint motion explicitly requested dismissal 'with prejudice,' and the court correctly noted that dismissal is without prejudice unless the parties stipulate otherwise. Therefore, the dismissal with prejudice follows directly from the parties' agreement and the rule. |
The order itself: sound — The order is procedurally correct and cites the appropriate rule and supporting case law. It accurately identifies that the defendant had not responded, triggering the plaintiff's absolute right to dismiss. It correctly notes that the parties' stipulation to dismiss 'with prejudice' overrides the default rule of dismissal without prejudice. The reasoning is concise and directly addresses the motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 NADIA IZADBAKHSH, Case No. 22-cv-0902-BAS-AHG 12 Plaintiff, ORDER CLOSING CASE 13 v. (ECF No. 6) 14 MERRICK GARLAND, Attorney General of the United States, et al., 15 Defendants. 16 17 Before the Court is the parties’ joint motion to dismiss the case with prejudice 18 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Joint Mot. ECF No. 6.) 19 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its 20 action by, inter alia, filing a notice of voluntary dismissal before a defendant has filed an 21 answer or moved for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i); see also Wilson 22 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the 23 filing of such notice, and no court order is required. Stone v. Woodford, No. CIV-F-05- 24 845 AWI-DLB, 2007 WL 527766, at *1 (E.D. Cal. Feb. 16, 2007). A dismissal is without 25 prejudice unless the parties stipulate otherwise. 26 Because Defendant has yet to respond to Plaintiff’s Petition, the parties need not 27 seek permission from this Court to dismiss the instant action. See Fed. R. Civ. 41(a)(1)(B). 28 1 || Accordingly, the Court construes the Joint Motion as a Notice of Dismissal, DISMISSES 2 || WITH PREJUDICE the instant action, and DIRECTS the Clerk of Court to close this 3 ||matter. (ECF No. 6.) 4 IT IS SO ORDERED. / , 5 || DATED: January 3, 2023 yi Ug (Lyohaa 6 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28