Korabeck v. The Prudential Insurance Company of America
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to 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 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 court noted that while dismissal is without prejudice unless stipulated otherwise, the parties' joint motion explicitly requested dismissal with prejudice, and the court granted that specific request. The procedural requirement of filing a joint motion under Local Civil Rule 7.2 was satisfied. |
The order itself: sound — The order is procedurally correct and cites the appropriate federal and local rules. It accurately reflects that while Rule 41(a)(1)(A) allows for dismissal without a court order, the parties chose to file a joint motion as required by local rules, and the court granted it. The court correctly noted that dismissal is with prejudice only if stipulated, which it was in this case.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JADWIGA KORABECK, Case No. 23-cv-2147-BAS-JLB 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS WITH PREJUDICE (ECF No. 12) 14 PRUDENTIAL INSURANCE COMPANY OF AMERICA, 15 QUALCOMM INCORPORATED 16 LONG-TERM DISABILITY PLAN, et al., 17 Defendants. 18 19 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 20 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 21 12.) 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 2 || dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 3 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 4 litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 5 41(a)(1)(A)(ai), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 6 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 7 (ECF No. 12.) Thus, the Court DISMISSES WITH PREJUDICE the action against 8 Defendants. Each party shall bear its own costs and attorney fees. The Clerk of Court is 9 |! directed to close the case. 10 IT IS SO ORDERED. 11 ) 12 || DATED: February 12, 2024 (pil Q_& Ayphan. 6 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.