Brandon
Brandon v. City of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CARL BRANDON, JR.; Case No. 24-cv-1164-BAS-KSC
ANTOINETTE RODRIGUEZ;
ERIC JOHNSON; THEODORE ORDER GRANTING PARTIES’
KING; and DAEJORE JOINT MOTION TO DISMISS AND
WILLIAMSON, DENYING MOTION TO DISMISS
14 Plaintiffs, AS MOOT (ECF Nos. 3, 6) v. 16 CITY OF SAN DIEGO, and
DOES 1-100,
Defendants. 19 Before this Court is the parties’ request to dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure (“Rule”) 41. (Joint Motion, ECF No. 6.) Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss their 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).…