Mendez v. Deployed Services, LLC
- 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 and counterclaims without prejudice.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss Action Without Prejudice“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 17.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against Defendants and Defendants’ counterclaims.” | 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. The order confirms the motion was joint, satisfying the requirement for a stipulation. The dismissal is without prejudice, which is the default under Rule 41(a)(1)(B) absent a contrary stipulation. The court also correctly noted the local rule requirement (CivLR 7.2) that such stipulations be filed as joint motions in this district. The decision follows directly from the procedural rules and the parties' agreement. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable federal rule for voluntary dismissal by stipulation, cites supporting case law from the Ninth Circuit, and acknowledges the specific local rule requirement for filing such motions in the Southern District of California. The court's decision to grant the motion and dismiss without prejudice is the standard and correct outcome for a valid joint motion under Rule 41(a)(1)(A)(ii).
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ROBERTO MENDEZ, Case No. 23-cv-1351-BAS-BGS 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ACTION WITHOUT PREJUDICE (ECF No. 14 DEPLOYED SERVICES, LLC, et al., 17) 15 Defendants.
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 17.) 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)@i), 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. 17.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against 6 Defendants and Defendants’ counterclaims. Each party shall bear its own costs and 7 || attorney fees. The Clerk of Court is directed to close the case. 8 IT IS SO ORDERED. 9 / 10 | DATED: November 30, 2023 Lin A (Ayphan 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28