Michael Grecco Productions, Inc. v. McKinnon Broadcasting Company
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to dismiss the action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion and dismissed the action with prejudice, ordering each party to bear its own costs and attorney fees.
| 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. 30.)” | agree with court The court correctly applied the local rule requiring a joint motion for voluntary dismissal by stipulation and granted the motion as requested by the parties. |
Dismissal of Action Against Defendant“Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant.” | agree with court The court dismissed the case with prejudice, which is consistent with the parties' joint motion and the stipulation referenced in the order. |
Allocation of Costs and Attorney Fees“Each party shall bear its own costs and attorney fees.” | agree with court The court ordered each party to bear its own costs and fees, a standard disposition for voluntary dismissals by stipulation. |
The order itself: sound — The order correctly identifies the procedural mechanism for voluntary dismissal by stipulation under Rule 41(a)(1)(A)(ii) and the local rule requirement for a joint motion. It accurately states that dismissal is without prejudice unless stipulated otherwise, and the court's grant of the motion and dismissal with prejudice follows directly from the parties' joint submission. The reasoning is concise and appropriate for a procedural order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GRECCO PRODUCTIONS, Case No. 22-cv-00935-BAS-AHG INC., 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS (ECF No. 30) v. 14 THE ASSOCIATED PRESS, a Delaware 15 Corporation, 16 Defendant. 17 18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint Mot., ECF 20 No. 30.) 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)(1), 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. 30.) Thus, the Court DISMISSES WITH 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: February 22, 2023 (pil A (Haoho: 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.