Ennis v. 14th & Commercial CIC-FHHP,LP
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
Third-Party Plaintiff Level 10 Construction, LP and Third-Party Defendant Schindler Elevator Corporation filed a joint stipulation to dismiss the third-party complaint without prejudice. The court construed the stipulation as a joint motion and granted the dismissal without prejudice.
| What the court decided | The model |
|---|---|
Dismissal of Level 10 Construction’s third-party complaint against Schindler Elevator Corporation without prejudice“Accordingly, the Court, having considered the Stipulation, and for good cause shown, hereby DISMISSES Level 10 Construction’s third-party complaint against Schindler Elevator Corporation. This dismissal is without prejudice.” | agree with court The court correctly applied Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which allows voluntary dismissal by stipulation signed by all parties who have appeared. The court noted that while no order is technically required for the dismissal to be effective, local rules require a joint motion format, which the court construed the stipulation to satisfy. The dismissal is without prejudice, preserving the right to refile. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable rule (Rule 41(a)(1)(A)(ii)), cites appropriate authority for the right to voluntary dismissal, acknowledges the local rule requirement for a joint motion, and properly construes the stipulation to meet that requirement. The dismissal without prejudice is the standard outcome for a voluntary dismissal by stipulation.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHRISTINA ENNIS, MICHAEL Case No. 23-cv-1316-BAS-AHG MENDEZ, and MAURICE TRULL, 12 Plaintiffs, ORDER GRANTING JOINT 13 MOTION TO DISMISS (ECF No. 43) v. 14 14th & COMMERCIAL CIC-FHHP, LP 15 dba ST. TERESA OF CALCUTTA APARTMENTS, ROYAL PROPERTY 16 MANAGEMENT GROUP, HYDER PROPERTY MANAGEMENT 17 PROFESSIONALS LLC, 18 Defendants. 19 20 On March 19, 2024, Third-Party Plaintiff Level 10 Construction, LP and Third- 21 Party Defendant Schindler Elevator Corporation submitted a joint stipulation for dismissal 22 of the instant action without prejudice. (ECF No. 43 (the “Stipulation”).) 23 Under Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A), a plaintiff has an 24 absolute right to voluntarily dismiss his action by (1) filing a notice of voluntary dismissal 25 before a defendant has filed an answer or moved for summary judgment, see Rule 26 41(a)(1)(A)(i), or (2) filing a stipulation of dismissal signed by all parties who have 27 appeared, see Rule 41(a)(1)(A)(ii). See also Wilson v. City of San Jose, 111 F.3d 688, 692 28 (9th Cir. 1997). Dismissal pursuant to Rule 41(a)(1)(A)(ii) is effective upon the filing of a 1 compliant notice or stipulation. No court order is required. See Stone v. Woodford, CIV- 2 || F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). Nonetheless, the local 3 || civil rules of this district require that where, as here, litigants seek voluntary dismissal by 4 || filing a signed stipulation pursuant to Rule 41(a)(1)(A)(i1), such a stipulation must be filed 5 a joint motion.! 6 In the interests of justice and judicial economy, the Court shall construe the parties’ 7 || Stipulation as the requisite joint motion. Accordingly, the Court, having considered the 8 || Stipulation, and for good cause shown, hereby DISMISSES Level 10 Construction’s third- 9 ||party complaint against Schindler Elevator Corporation. This dismissal is without 10 || prejudice. 11 IT IS SO ORDERED. 12 ) 13 || DATED: March 25, 2024 Lin A (Lyohaa 6 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 || ——_—— 28 See Electronic Case Filing Administrative Policies and Procedures Manual, United States District Court for the Southern District of California. 4.