Casas v. HomeGoods, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Ruth Bermudez Montenegro (author)
Analysis
The parties filed a joint motion to dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court granted the motion and dismissed the case.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss“Accordingly, the Court GRANTS the Parties’ Joint Motion.” | agree with court The order recites that the parties filed a stipulation of dismissal signed by all parties who have appeared, which satisfies the requirements of Rule 41(a)(1)(A)(ii). The court correctly applied the rule to grant the motion. |
The order itself: sound — The order is procedurally correct and relies on the appropriate rule and a recent district court case interpreting that rule. It is a standard adoption of a stipulation.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SARAHI CASAS, individually and on Case No.: 3:22-cv-01274-RBM-SBC behalf of all similarly situated employees, 12 ORDER GRANTING JOINT Plaintiff, 13 STIPULATION TO SUBMIT v. MATTER TO ARBITRATION AND 14 DISMISS CLASS CLAIMS HOMEGOODS, INC., and DOES 1 15 through 20, inclusive, [Doc. 8] 16 Defendants. 17 18 On April 4, 2024, Plaintiff Sarahi Casas and Defendant HomeGoods, Inc. 19 (collectively, the “Parties”) filed a Joint Motion to Dismiss (“Joint Motion”). (Doc. 13.) 20 In the Joint Motion, the Parties “move to dismiss this action with prejudice pursuant to 21 Federal Rule of Civil Procedure 41(a)(1)(A)(ii).” (Id. at 2.) 22 “Rule 41(a)(1) allows a plaintiff to ‘dismiss an action without a court order by filing: 23 (i) a notice of dismissal before the opposing party serves either an answer or a motion for 24 summary judgment; or (ii) a stipulation of dismissal signed by all parties who have 25 appeared.’” Dougan v. Centerplate, Inc., No. 22-CV-1496 JLS (SBC), 2023 WL 8604152, 26 at *2 (S.D. Cal. Dec. 12, 2023) (citing Fed. R. Civ. P. 41(a)(1)(A)). 27 /// 28 /// 1 Accordingly, the Court GRANTS the Parties’ Joint Motion. 2 IT IS SO ORDERED. 3 || DATE: May 2, 2024 ‘ et Borns, Migs > 5 HON: RUTH BERMUBEZ MONTENEGRO UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28