Inta v. Ford Motor Company
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to voluntarily dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1). The court granted the motion and dismissed the case with prejudice.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 17.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant.” | agree with court The court correctly applied Federal Rule of Civil Procedure 41(a)(1)(A)(1), which allows voluntary dismissal by stipulation signed by all parties. The parties jointly moved for dismissal with prejudice, satisfying the requirement that the stipulation be filed as a joint motion under Local Civil Rule 7.2. The decision to dismiss with prejudice is valid because the parties explicitly agreed to that outcome in their joint motion, overriding the default rule of dismissal without prejudice. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal and local rules. It accurately notes that while no court order is technically required for the dismissal to be effective, the court is entering one to close the case. The court correctly identifies that the parties' joint stipulation for dismissal with prejudice overrides the default 'without prejudice' rule. The reasoning is concise and directly addresses the motion.
Opinion
1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 KHAMNGA INTA; RICHARD S. INTA, Case No. 22-cv-0263-BAS-DDL 14 Plaintiffs, ORDER GRANTING JOINT 15 v. MOTION TO DISMISS (ECF No. 17)
16 FORD MOTOR COMPANY,
17 Defendant. 18 19 20 21 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 22 Civil Procedure (“Rule”) 41(a)(1) to dismiss the above-captioned action with prejudice. 23 (Joint Mot., ECF No. 17.) Under Rule 41(a)(1), a plaintiff has an absolute right to 24 voluntarily dismiss its action by (1) filing a notice of voluntary dismissal before a defendant 25 has filed an answer or moved for summary judgment, or (2) filing a stipulation of dismissal 26 signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. 27 City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing 28 of a compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 1 |}required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. 2 16, 2007). A dismissal is without prejudice unless the parties stipulate otherwise. 3 || Fed. R. Civ. P. 41(a)(1)(B). However, the local civil rules of this district require that where, 4 |/as here, litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 5 ||41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 6 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 7 (ECF No. 17.) Thus, the Court DISMISSES WITH PREJUDICE the action against 8 Defendant. The Clerk of Court is directed to close the case. 9 IT IS SO ORDERED. 10 A , 11 || DATED: February 3, 2023 Lin A (Ayphan 6 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.