Digital Verification Systems, LLC v. ClientPoint, Inc.

— 1 — — 2 — — 3 — — 4 — — 5 — — 6 — — 7 — 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA — 10 — 11 DIGITAL VERIFICATION SYSTEMS, Case No. 21-cv-1420-BAS-DEB LLC, — 12 — ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS (ECF No. 8) v. — 14 — CLIENTPOINT, INC., — 15 — Defendant. — 16 — — 17 — 18 The parties have jointly moved pursuant to Federal Rule of Civil Procedure (“Rule”) 19 41(a)(1)(A)(ii) to dismiss Plaintiff’s claims in this action with prejudice (see Compl., ECF 20 No. 1) and Defendant’s counterclaims without prejudice (see Answer., ECF No. 6). (Joint 21 Mot., ECF No. 8.) In support of their Joint Motion, the parties filed a stipulation of 22 dismissal, signed by all parties who have appeared. (See Joint Mot. 1–2.) 23 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 24 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 25 moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties 26 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 27 F.3d 688, 692 (9th Cir. 1997). Rule 41(c) further provides these provisions apply with 28 equal force to a counterclaim brought by a defendant. Fed. R. Civ. P. 41(c); Animal Blood 1 || Bank, Inc. v. Hale, No. 2:10-CV-02080-KJM-KJN, 2012 WL 210960 , at *2 n.3 (E.D. Cal. 2 || June 13, 2012) (interpreting Rule 41(c) “to make Rule 41 applicable to, among other things, 3 counterclaims”). Dismissal is effective upon the filing of a compliant notice or stipulation, 4 ||as described in Rule 41(a)(1)(A), and no court order is required. Stone v. Woodford, No. 5 || CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A dismissal is 6 || without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 41(a)(1)(B). 7 || However, the local civil rules of this district require that where, as here, litigants seek 8 || voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(i1), such a 9 || stipulation must be filed as a joint motion.! 10 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 11 ||No. 8.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant 12 DISMISSES WITHOUT PREJUDICE Defendant’s counterclaims against Plaintiff. 13 Each party shall bear its own costs and fees. The Clerk of Court is directed to close the 14 || case. 15 IT IS SO ORDERED. 16 ) 17 || DATED: January 4, 2022 ( yi uA (Hiphan 6 ig United States District Judge — 19 — — 20 — — 21 — — 22 — — 23 — — 24 — — 25 — — 26 — — 27 — 28 ‘orthe Electronic □□ re jominustrative Policies and Procedures Manual, United States District Court