Carroll Metal Works, Inc. v. Franklin
- Proceeding
- district
- Area
- civil
- Panel
- David D. Leshner (author)
Analysis
The court considered a joint motion by the plaintiff and one remaining defendant to dismiss the entire action with prejudice following a settlement. The court granted the motion and ordered the case dismissed with prejudice and closed.
| What the court decided | The model |
|---|---|
Joint Motion to Dismiss the Entire Case with Prejudice granted“Good cause appearing, the Court GRANTS the Joint Motion. The instant action is DISMISSED WITH PREJUDICE.” | agree with court The order correctly applies Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which allows voluntary dismissal by stipulation signed by all parties who have appeared. The order notes that claims against other defendants were previously dismissed, leaving only the plaintiff and Sleight Consultants, Inc. as active parties. Since the motion is joint and signed by the remaining parties, the dismissal is procedurally proper. The specification of 'with prejudice' is consistent with the parties' request and Rule 41(a)(1)(B). |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable rule (Rule 41(a)(1)(A)(ii)) for dismissal by stipulation, cites relevant Ninth Circuit precedent, and acknowledges the local rule requiring such stipulations to be filed as joint motions. The court's grant of the motion is consistent with the parties' agreement and the procedural posture of the case (all other claims already dismissed).
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CARROLL METAL WORKS, INC., a Case No.: 21-cv-1535-DDL California Corporation, 12 ORDER DISMISSING ACTION Plaintiff, 13 WITH PREJUDICE v. 14 [Dkt. No. 62] ROBIN J. FRANKLIN, and Individual; 15 SLEIGHT CONSULTANTS, INC., a 16 California Corporation; FERNANDO OROPEZA-MUNOZ, an Individual; and 17 FERNANDO OROPEZA, JR., and 18 Individual, 19 Defendants. 20 21 Before the Court is the parties’ Joint Motion to Dismiss the Entire Case with 22 Prejudice. Dkt. No. 62. Plaintiff Carroll Metal Works, Inc. (“Plaintiff”) has reached a 23 settlement with all Defendants and represents that each Defendant has made all required 24 payments pursuant to their respective settlement agreements. All claims against 25 Defendants Fernando Oropeza-Munoz and Fernando Oropeza, Jr. (collectively, the 26 “Oropezas”) were dismissed without prejudice on June 21, 2022. Dkt. No. 46. All claims 27 against Defendant Robin J. Franklin (“Franklin”) were dismissed with prejudice on 28 1 ||September 2, 2022. Dkt. No. 53. Plaintiff and Defendant Sleight Consultants, Inc. 2 (“Sleight”) jointly move to dismiss the entire action with prejudice. 3 Federal Rule of Civil Procedure 41(a)(1)(A) grants a plaintiff the absolute right to 4 || voluntarily dismiss an action by (1) filing a notice of voluntary dismissal before a defendant 5 || has filed an answer or moved for summary judgment, or (2) filing a stipulation of dismissal 6 || signed by all parties who have appeared. See Fed. R. Civ. P. 41(a)(1)(A)()-(1); see also 7 || Commercial Space Mgmt. Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1077-78 (9th Cir. 8 || 1999). Under Rule 41(a)(1)(A), dismissal is effective upon filing of the notice of dismissal 9 ||and no court order is required. See Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 10 1997). A dismissal is without prejudice unless the notice or stipulation states otherwise. 11 ||Fed. R. Civ. P. 41(a)(1)(B). Notwithstanding the foregoing rules, the local civil rules of 12 ||this District require that litigants seeking voluntary dismissal by stipulation pursuant to 13 || Rule 41(a)(1)(A)(ii) file such stipulation as a joint motion.! 14 Good cause appearing, the Court GRANTS the Joint Motion. The instant action is 15 || DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. 16 IT IS SO ORDERED. 17 || Dated: February 24, 2023 18 Thi! Lobo oe Honorable David D. Leshner United States Magistrate Judge 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 at 12.