1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES LIABILITY Case No.: 3:19-cv-00172-GPC-AGS

INSURANCE COMPANY,

12

ORDER AND JUDGMENT

Plaintiff and Counterdefendant, 13 DISMISSING ACTION. 14 v. (ECF Nos. 38, 40.) 15 A&B MARKET PLUS INC. dba

CAMPUS LIQUOR AND DELI;

16 LS&SLG, INC. dba ADAMS AVENUE 17 LIQUOR; WALL FIRST VENTURE INC. dba RJ LIQUOR, OB STAR INC. 18 dba LITICKERS LIQUOR; SAEED 19 SOMO dba MESA FOOD AND LIQUOR; LATIF MAROGY dba 20 SPOTTS LIQUOR and dba SUNRISE 21 MARKET AND GAS; HANI SHAMOUN dba MIKE’S MARKET; 22

NEIGHBORHOOD MARKET

23 ASSOCIATION, INC., 24 Defendants and Counterclaimants. 25

26 On November 5, 2019, Plaintiff and Counterdefendant United States Liability 27 1 || Insurance Company filed a motion to voluntarily dismiss the instant action against the 2 || above-captioned Defendants and Counterclaimants. (ECF No. 38.) Plaintiff’s motion was 3 |/invalid as it did not meet the criteria of Plaintiff’s cited rule, Federal Rule of Civil 4 || Procedure (“Rule”) 41(a)(1)(A). Specifically, some Defendants had already filed an 5 || Answer, (see ECF Nos. 11, 13), and Plaintiff's motion was not jointly “signed by all 6 || parties who appeared.” FED. R. Civ. PRo. 41(a)(1)(A). 7 On November 11, 2019, the above-captioned Parties jointly moved for voluntary 8 || dismissal. (ECF No. 40.) This time, all “parties to this action” properly stipulated, “in 9 || consideration of a negotiated settlement executed by them, to the Dismissal with 10 || Prejudice, of this action in its entirety, including all claims and counterclaims stated 11 herein against all parties, with each party to bear its own attorney’s fees and costs.” (/d. at 12 ||2.) A motion of this kind is self-executing “[w]ithout a Court Order.” FED. R. Civ. PRO. 13 ||41(a)(1)(A); see also Cortinas v. Allison, No. 1:19-CV-1244-JLT, 2020 WL 605358, at 14 || *5 (E.D. Cal. Feb. 7, 2020) (noting that “the action then will be terminated by operation 15 law” upon the plaintiff's filing of a motion for voluntary dismissal). 16 Nonetheless, to eliminate any potential confusion, the Court hereby DISMISSES 17 || the instant Action with prejudice, for good cause and pursuant to the Parties’ joint 18 || stipulation, (ECF No. 40), and ORDERS that each Party bear its own attorney’s fees and 19 costs. 20 IT IS SO ORDERED. 21 Dated: February 19, 2020 2 A 22 Hon. athe Coke 23 United States District Judge 24 25 26 27 28