Tamraz v. Bakotic Pathology Associates, L.L.C.
- 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.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss“Having considered the parties’ submission, the Court GRANTS Joint Motion. (ECF No. 30.)” | agree with court The court correctly applied the local rule requiring a joint motion for stipulated dismissal and granted the motion based on the parties' agreement. |
Dismissal of Action with Prejudice“Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant.” | agree with court While Rule 41(a)(1)(B) provides that dismissal is without prejudice unless the parties stipulate otherwise, the court ordered dismissal with prejudice. This is permissible if the parties' joint motion or stipulation contained such a term, which is common in settlements. The order does not explicitly quote the stipulation, but the court's authority to dismiss with prejudice based on a joint motion is standard practice when agreed upon by the parties. |
The order itself: sound — The order correctly identifies the procedural mechanism for voluntary dismissal under Rule 41(a)(1)(A)(ii) and the local rule requirement for a joint motion. It cites appropriate authority for the right to dismiss and the effect of the dismissal. The reasoning is concise and directly addresses the motion.
Opinion
7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 AARON TAMRAZ, on behalf of Case No. 22-cv-0725-BAS-WVG 11 himself and all others similarly situated, ORDER GRANTING JOINT MOTION 12 TO DISMISS Plaintiff, 13 [ECF No. 30] v. 14 BAKOTIC PATHOLOGY 15 ASSOCIATES, LLC, 16 Defendant. 17 18 19 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 20 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint 21 Mot., ECF No. 30) 22 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its 23 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 24 or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all 25 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San 26 Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a 27 compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 28 required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. , || Feb. 16, 2007). A dismissal is without prejudice unless the parties stipulate otherwise. > || Fed. R. Civ. P. 41(a)(1)(B). However, the local civil rules of this district require that 3 || where, as here, litigants seek voluntary dismissal pursuant to stipulation, in accordance 4 || with Rule 41(a)(1)(A)(), the stipulation of dismissal must be filed as a joint motion. See 5 || CivLR 7.2. 6 Having considered the parties’ submission, the Court GRANTS Joint Motion. 7 ||(ECF No. 30.) Thus, the Court DISMISSES WITH PREJUDICE the action against g || Defendant. Each party shall bear its own costs and attorney fees. The Clerk of Court is g || directed to close the case. 10 IT IS SO ORDERED. é 12 || DATED: June 30, 2023 (pill 4 (Ayphan 6 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28