Ludwig v. CMAR, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered a joint motion by the plaintiff and defendants to voluntarily dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion and ordered the case dismissed with prejudice against all defendants.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss Action with Prejudice“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 3.) Thus, the Court DISMISSES WITH PREJUDICE the action against each 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 parties submitted a joint motion, satisfying the requirement for a stipulation. The parties explicitly requested dismissal 'with prejudice,' and Rule 41(a)(1)(B) permits dismissal without prejudice 'unless the parties stipulate otherwise.' Since the parties stipulated to dismissal with prejudice, the court's order to dismiss with prejudice is legally sound and follows from the parties' agreement and the cited rule. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal rule and local rule. It accurately states the legal standard for voluntary dismissal by stipulation and correctly applies the parties' stipulation to dismiss with prejudice. The reasoning is concise but sufficient for a procedural order based on a joint stipulation.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FREDERIC G. LUDWIG, III, Case No. 23-cv-0059-BAS-JLB 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ACTION WITH PREJUDICE (ECF No. 30) 14 CITY OF SAN DIEGO; CMAR, LLC;
FIT ATHLETIC CMR, LLC; PROTEUS 15 FIT CMR; DOES 1-10, 16 Defendants. 17 18 19 Pending before the Court is Plaintiff’s Joint Motion to Dismiss according to Federal 20 Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. 21 (ECF No. 30.) 22 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 23 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 24 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 25 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 26 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 27 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 28 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. 2 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 3 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 4 ||41(a)(1)(A)(i1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 5 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 6 || (ECF No. 3.) Thus, the Court DISMISSES WITH PREJUDICE the action against each 7 Defendant. The Clerk of Court is directed to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: September 25, 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