Osteal Therapeutics. Inc. v. Cor Medical Ventures, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
11 OSTEAL THERAPEUTICS. INC., Case No. 3:24-cv-1736-GPC-DDL a Delaware corporation,
ORDER GRANTING JOINT
Plaintiff, MOTION AND STIPULATION
TO DISMISS WITH
v. PREJUDICE 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.…