ONeill v. Amazon.Com Services LLC
- Proceeding
- district
- Area
- civil
- Panel
- Jeffrey T. Miller (author)
Analysis
The court considered a joint stipulation and motion to dismiss filed by the plaintiff and defendant. The court granted the motion and dismissed the action with prejudice, directing the parties to bear their own costs and the clerk to close the case.
| What the court decided | The model |
|---|---|
Joint Motion to Dismiss granted“The Parties’ Jomt Motion satisfies the requirements of Rule 41(a)(1)(A)(ii) and is, therefore, effective on filing.” | agree with court The order correctly applies Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which allows a plaintiff to dismiss an action by filing a stipulation signed by all parties who have appeared. The order recites that the motion is signed by all parties who have appeared, satisfying the rule's requirements. The citation to Wilson v. City of San Jose supports the proposition that such a stipulation is effective upon filing. |
Action dismissed with prejudice“The action, in its entirety, is DISMISSED WITH PREJUDICE pursuant to the Parties’ Motion.” | agree with court While Rule 41(a)(1) typically results in a dismissal without prejudice unless otherwise stated, the parties' joint motion likely specified the dismissal with prejudice, or the court exercised its discretion to dismiss with prejudice based on the stipulation. Given the joint nature of the motion, the court's order aligns with the parties' agreement. |
The order itself: sound — The order is procedurally correct and relies on the appropriate rule and binding Ninth Circuit precedent. It accurately recites the requirements of Rule 41(a)(1)(A)(ii) and applies them to the facts presented (joint motion signed by all parties). There are no gaps in reasoning for this straightforward procedural order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 |} ENRIQUE O'NEILL, Case No.: 24cv45-JM-SBC 12 Plaintiff, 13 ORDER GRANTING JOINT MOTION TO DISMISS 14 || AMAZON.COM SERVICES, LLC, (Doc. No. 11) 15 Defendant. 16 17 18 19 Presently before the court is the Parties’ “Joint Stipulation and Motion to Dismiss.” 20 ||(Doc. No. 11). The Joint Motion is signed by all Parties who have appeared in this 21 |/action. Under Rule 41(a)(1)(A), a plaintiff may dismiss an action without a court order 22 || by: (1) filing a notice of voluntary dismissal before a defendant has filed either an answer 23 a motion for summary judgment; or (2) filing a stipulation of dismissal signed by all 24 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A). The Parties’ Jomt Motion 25 satisfies the requirements of Rule 41(a)(1)(A)(ii) and is, therefore, effective on filing. 26 || Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 27 /// 28 /// The action, in its entirety, is DISMISSED WITH PREJUDICE pursuant to the 2 Parties’ Motion. The Parties shall each bear their own attorneys’ fees and costs. The 3 || Clerk of Court is directed to close the case. 4 IT IS SO ORDERED. > | DATED: May 13, 2024 Ppp Mist 6 JEWFREY T. MULLER 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28