CraftShack, Inc. v. Son-Vay Corporation
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered a joint motion by the parties 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 defendants with prejudice.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss Action with Prejudice“Thus, the Court DISMISSES WITH PREJUDICE the action against Defendants.” | 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 parties jointly moved for dismissal, satisfying the requirement for a stipulation. The court noted that dismissal is without prejudice unless the parties stipulate otherwise; here, the motion and the court's order specify dismissal with prejudice, indicating the parties agreed to this outcome. The court also correctly noted the local rule requirement to file the stipulation as a joint motion. The decision follows directly from the rule and the parties' joint request. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal rules and Ninth Circuit authority for voluntary dismissal by stipulation. It correctly notes the local rule requirement for filing a joint motion. The reasoning is sufficient for a routine dismissal order based on party stipulation.
Opinion
5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 CRAFTSHACK, INC., Case No. 23-cv-0197-BAS-BGS 9 Plaintiff, 10 v. ORDER GRANTING JOINT MOTION TO DISMISS ACTION 11 SON-VAY CORPORATION, et al., WITH PREJUDICE (ECF No. 21) 12 Defendants. 13 14 15 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 16 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF 17 No. 21.) 18 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its 19 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 20 or moved for summary judgment or (2) filing a stipulation of dismissal signed by all 21 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San 22 Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice 23 or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 24 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 25 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 26 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 27 litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 28 1 41(a)(1)(A)GD), the stipulation of dismissal must be filed as a joint motion. See CivLR 2 3 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 4 (ECF No. 21.) Thus, the Court DISMISSES WITH PREJUDICE the action against 5 ||Defendants. The Clerk of Court is directed to close the case. 6 IT IS SO ORDERED. 7 f 8 || DATED: December 20, 2023 (pill A (Lyphan 6 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28