1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARINE GROUP BOAT WORKS, LLC, Case No. 24-cv-1303-BAS-DDL

12 Plaintiff,

ORDER GRANTING PARTIES’

13 v. JOINT MOTION TO DISMISS AND

ORDERING RELEASE OF VESSEL

14 F/V HEATHER,

FROM CUSTODY

15 Defendant. (ECF No. 11) 16 17

18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 20 11.) 21 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 22 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 23 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 24 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 25 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 26 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 27 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 28 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 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. 11.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against 6 ||Defendant pursuant to the executed settlement agreement. Additionally, it is hereby 7 || ORDERED that the U.S. Marshal Service for the Southern District of California shall 8 || forthwith release the Defendant Vessel F/V Heather G from custody and shall inform the 9 || Substitute Custodian that this Court has ordered such release. The Clerk of Court is 10 || directed to close the case. 11 IT IS SO ORDERED. 12 13 || DATED: August 23, 2024 (pil A (Asha 6 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.