Shahnaz Zarif, individually and on behalf of others similarly situated v. Hwareh.com, Inc.

[7] 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA [10] 11 SHAHNAZ ZARIF, individually and on Case No. 23-cv-00565-BAS-DEB behalf of others similarly situated, [12] ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS ENTIRE v. ACTION WITH PREJUDICE (ECF [14] No. 48) HWAREH.COM, INC., [15] Defendant. [17] Pending before the Court is the parties’ joint motion pursuant to Federal Rule of [18] Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. [19] 9.) [20] Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action [21] by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or [22] moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties [23] who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 24 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or [25] stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. [26] Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A [27] dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. [28] 1 ||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)(1), 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. 48.) Thus, the Court DISMISSES WITH PREJUDICE Plaintiffs individual 6 || claims against Defendants. Although Plaintiff filed this case as a putative class action, the 7 ||Court did not certify a class. Therefore, this dismissal does not affect the putative class 8 ||members’ claims. Each party shall bear its own costs and attorney’s fees. The Court also 9 || DIRECTS the Clerk of Court to close the case. 10 IT IS SO ORDERED. [11] 12 || DATED: October 20, 2025 (yatta Bahar B H n. Cynthia Bashant, Chief Judge United States District Court [28] ~_9_