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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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11 OSTEAL THERAPEUTICS. INC., Case No. 3:24-cv-1736-GPC-DDL 12 a Delaware corporation,

ORDER GRANTING JOINT

13 Plaintiff, MOTION AND STIPULATION

TO DISMISS WITH

14 v. PREJUDICE 15 COR MEDICAL VENTURES, INC., a California corporation, 16 Defendants. 17 18 19 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 20 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. 21 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its 22 action by (1) filing a notice of voluntary dismissal before a defendant has filed an 23 answer or moved for summary judgment or (2) filing a stipulation of dismissal signed 24 by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City 25 of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of 26 a notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. 27 Stone v. Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 28 1 || 16, 2007). A dismissal is without prejudice unless the parties stipulate otherwise. Fed. 2 || R. Civ. P. 41(a)(1)(B). However, the local civil rules of this district require that where, 3 || as here, litigants seek voluntary dismissal pursuant to stipulation, in accordance wit Rule 41(a)(1)(A)q@i), the stipulation of dismissal must be filed as a joint motion. Se 5 || CivLR 7.2. 6 Having considered the parties’ submission, the Court GRANTS the Join 7 || Motion. Thus, the Court DISMISSES WITH PREJUDICE the action agains 8 || Defendants. Each party shall bear its own costs and attorney’s fees. The Clerk of Cou 9 || 1s directed to close the case. 10 IT IS SO ORDERED. 11 Dated: November 18, 2024 7 sale 0s ( 13 Hon. Gonzalo P. Curiel 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-