Marine Group Boat Works, LLC v. F /V Heather, a 1979 73.6 Foot Commercial Fishing Vessel

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARINE GROUP BOAT WORKS, LLC, Case No. 24-cv-1303-BAS-DDL

Plaintiff,

ORDER GRANTING PARTIES’

v. JOINT MOTION TO DISMISS AND

ORDERING RELEASE OF VESSEL

F/V HEATHER,

FROM CUSTODY

Defendant. (ECF No. 11) 16

Pending before the Court is the parties’ joint motion pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 11.) Under Rule 41(a)(1), 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 or (2) filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone…