McCormack v. Sterling Jewelers Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Anthony J. Battaglia (author)
Analysis
The parties filed a stipulation to dismiss the action without prejudice. The court granted the stipulation and ordered the case dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
| What the court decided | The model |
|---|---|
Dismissal of the entire action without prejudice“In light of the stipulation, the case has been dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41.” | agree with court The order recites that all parties agreed to the dismissal. Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a plaintiff may dismiss an action without a court order by filing a notice of dismissal if the defendant has not yet filed either an answer or a motion for summary judgment, and no prior dismissal has occurred. While the order does not explicitly state that the procedural prerequisites (such as the timing of the filing relative to the answer) were met, the stipulation of all parties generally satisfies the requirement for voluntary dismissal. The court's reliance on the stipulation and the rule is legally sufficient for this procedural outcome. |
The order itself: sound — The order is procedurally correct. It identifies the basis for dismissal (stipulation) and the applicable rule (Rule 41). It correctly notes that because no class was certified, the stricter requirements of Rule 23 (such as court approval of a settlement) do not apply to the dismissal of the individual claims or the action as a whole. The reasoning is concise and appropriate for a stipulated dismissal.
Opinion
8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9
10 AMY MCCORMACK et al. ) 11 ) Case No.: 3:22-cv-00525-AJB-DDL ) 12 Plaintiffs, ) CLASS ACTION ) 13 v. ) Order Dismissing Entire Action ) 14 ) Without Prejudice Pursuant to STERLING JEWELERS, INC. et al. ) Fed. R. Civ. Proc. 41(a)(1)(A)(ii) 15 ) 16 Defendants. ) ) ) 17 ) ) 18 27 1 The parties have filed a stipulation to dismiss this action without prejudice. All 2 || parties have agreed to the dismissal. 3 In light of the stipulation, the case has been dismissed without prejudice pursuant 4|| to Federal Rule of Civil Procedure 41. See Fed. R. Civ. P. 41(a)(1)(A)(ii); see also 5|| Ripley v. Bridgestone Retail Ops., LLC., No. C09-1482 RSM, 2010 WL 11684294, at *2 (W.D. Wash. Sept. 2, 2010) (citing Moore’s Federal Practice 3d, § 23.64[2][a] (2007)); see also Richey vy. GetWellNetwork, Inc., No. 20-cv-2205-BEN-BLM, 2021 8 || WL 424281, at *3 (S.D. Cal. Feb. 8, 2021) (“Because no class has been certified in this 9 || case, Rule 23 does not mandate either court approval of the instant settlement or notice 10 || to putative class members” [quoting Allred v. Chicago Title Co., No. 19CV2129-LAB 11 || (AHG), 2020 WL 5847550, at *1 (S.D. Cal. Oct. 1, 2020]). 12 Accordingly, the Clerk of the Court is DIRECTED to close this case. 13 || IT IS SO ORDERED. 14 3 Dated: February 14, 2023 7 United States District Judge 18 19 20 21 22 23 24 25 26 27 28 jp ——___ ee ORDER DISMISSING ENTIRE ACTION WITHOUT PREJUDICE