Snelson v. Daimler Trucks North America, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion to voluntarily 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 with prejudice, ordering each party to bear its own costs and attorney's fees.
| What the court decided | The model |
|---|---|
Grant of Joint Motion to Dismiss with Prejudice“Having considered the parties’ submission, the Court GRANTS the Joint Motion. (ECF No. 129.) 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 with prejudice, and the court granted the motion, adhering to the local rule requiring such stipulations to be filed as a joint motion. The decision is procedurally sound and follows the parties' agreement. |
The order itself: sound — The order is procedurally correct and relies on the appropriate federal and local rules. It accurately states the standard for voluntary dismissal by stipulation and correctly grants the joint motion. There are no gaps in reasoning or missing authorities relevant to this procedural motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BRIAN TODD SNELSON, Case No. 22-cv-0551-BAS-DDL 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS WITH PREJUDICE (ECF No. 129) 14 DAIMLER TRUCKS NORTH AMERICA, LLC, et al., 15 Defendants. 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. 20 129.) 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. 129.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 || Defendants. Each party shall bear its own costs and attorney’s fees. The Clerk of Court is 7 || directed to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: May 7, 2024 (pil A (Lyphaa 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.