Digital Verification Systems, LLC v. ClientPoint, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DIGITAL VERIFICATION SYSTEMS, Case No. 21-cv-1420-BAS-DEB
LLC,
ORDER GRANTING JOINT
Plaintiff, MOTION TO DISMISS (ECF No. 8) v.
CLIENTPOINT, INC.,
15 Defendant.
The parties have jointly moved pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss Plaintiff’s claims in this action with prejudice (see Compl., ECF No. 1) and Defendant’s counterclaims without prejudice (see Answer., ECF No. 6). (Joint Mot., ECF No. 8.) In support of their Joint Motion, the parties filed a stipulation of dismissal, signed by all parties who have appeared. (See Joint Mot. 1–2.) Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 F.3d 688,…