Fierro v. Capital One, N.A.

[7] UNITED STATES DISTRICT COURT [8] SOUTHERN DISTRICT OF CALIFORNIA [9] 10 PATRICIA FIERRO, Case No. 22-cv-0493-BAS-BLM 11 Plaintiff, ORDER GRANTING JOINT 12 v. MOTION TO DISMISS (ECF No. 35) [13] 14 CAPITAL ONE, N.A., 15 Defendant. [19] 20 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 21 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint 22 Mot., ECF No. 35.) 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). Dismissal is effective upon the filing of a compliant notice 28 or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. | || Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 2 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 3 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 4 litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 5 ||41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 6 Having considered the parties’ submission, the Court GRANTS Joint Motion. (ECF 7 35.) Thus, the Court DISMISSES WITH PREJUDICE the action against Defendant. 8 || The Clerk of Court is directed to close the case. 9 IT IS SO ORDERED. 10 A , 11 || DATED: June 14, 2023 Lin A (Lyphaa. 6 12 United States District Judge [28] 4.