Martinez v. ABM Industry Groups, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered the parties' 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 with prejudice, directing the Clerk to close the case.
| 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. 5.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendants.” | agree with court The decision follows directly from the parties' stipulation. Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), a plaintiff may dismiss an action by filing a stipulation signed by all parties who have appeared. The order notes that the parties filed a joint motion as required by local rules (CivLR 7.2) and that the parties stipulated to dismissal with prejudice (as opposed to the default without prejudice under Rule 41(a)(1)(B)). The court correctly applied the rule to the facts presented. |
The order itself: sound — The order correctly identifies the applicable federal rule for voluntary dismissal by stipulation and the local rule requirement for filing it as a joint motion. It accurately notes that dismissal is without prejudice unless stipulated otherwise, and the parties' stipulation to dismissal with prejudice is honored. The reasoning is concise and directly answers the motion with the correct authorities.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 XIOMARA MARTINEZ, LORENA Case No. 23-cv-2027-BAS-SBC MORA, 12 ORDER GRANTING JOINT Plaintiffs, 13 MOTION TO DISMISS ACTION v. WITH PREJUDICE (ECF No. 5) 14 ABM INDUSTRY GROUPS, LLC, et al., 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 5.) 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. 5.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 Defendants. 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: December 1, 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