Zhang v. Radel
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to voluntarily dismiss the action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion and dismissed the action against the defendant without prejudice.
| What the court decided | The model |
|---|---|
Joint Motion to Dismiss Action Without Prejudice granted“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 3.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against Defendant.” | agree with court The court correctly applied Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which allows for voluntary dismissal by stipulation signed by all parties who have appeared. The order notes that while no court order is strictly required for the dismissal to be effective, the local rules of the Southern District of California (CivLR 7.2) require such stipulations to be filed as a joint motion. The court's decision to grant the motion and dismiss without prejudice is consistent with the rule and the parties' request. |
The order itself: sound — The order correctly identifies the applicable federal rule and local rule. It accurately states that voluntary dismissal by stipulation is a right of the parties and that the dismissal is without prejudice by default. The citation to local rules explains the procedural mechanism (joint motion) used in this specific district. The reasoning is complete and directly supports the outcome.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LU ZHANG, Case No. 23-cv-1437-BAS-DDL 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ACTION WITHOUT PREJUDICE (ECF No. 3) 14 DAVID M. RADEL, 15 Defendant. 16 17 18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 20 3.) 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 notice or 26 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)(a1), 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. 3.) Thus, the Court DISMISSES WITHOUT 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: September 8, 2023 Lin A (Lyohaa 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28