Magiary v. Kia America, Inc.
- 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 with prejudice.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss with Prejudice“Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant.” | agree with court The court correctly applied the local rule requiring a joint motion for stipulated dismissal and honored the parties' agreement to dismiss with prejudice, which is permitted under Rule 41(a)(1)(B). |
The order itself: sound — The order correctly identifies the procedural mechanism 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 it honors the parties' stipulation to dismiss with prejudice. The reasoning is complete and supported by the cited authorities.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ROBERT MAGIARY, et al., Case No. 23-cv-1935-BAS-BLM 12 Plaintiffs, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS WITH PREJUDICE (ECF No. 13) 14 KIA AMERICA, INC., 15 Defendant. 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 13.) 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. | 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)q@ai), 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. 13.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 | Defendant. The Clerk of Court is directed to close the case. 7 IT IS SO ORDERED. 8 / 9 || DATED: April 24, 2024 (pil A (Bashan. 6 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.