(PC) Brass v. Montgomery
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GARY BRASS, JR., Case No. 22-cv-1466-BAS-MSB
Plaintiff,
ORDER GRANTING PARTIES’
v. JOINT MOTION TO DISMISS (ECF No. 28) MARIO DE LA TORRE,
Defendant. 16 Before this Court is the parties’ request to dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure (“Rule”) 41. (Mot., ECF No. 28.) Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or moved for summary judgment, see Rule 41(a)(1)(A)(i), or (2) filing a stipulation of dismissal signed by all parties who have appeared, see Rule 41(a)(1)(A)(ii). See also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal pursuant to Rule 41(a)(1)(A)(ii) is effective upon the filing of a compliant notice or stipulation. No court order is required. See Stone v. Woodford, CIV-F-05-845 AWI-DLB,…