Emert
Emert v. Competitor Group, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FALCO ERMERT., Case No. 21-cv-1796-BAS-JLB
Plaintiff,
ORDER GRANTING JOINT
v. MOTION TO DISMISS (ECF No. 20)
COMPETITOR GROUP, INC., et al.,
Defendants.
17 The parties have jointly moved pursuant to Federal Rule of Civil Procedure (“Rule”) 18 41(a)(1)(A)(ii) to dismiss Plaintiff’s claims in this action with prejudice (see Compl., ECF 19 No. 1). (Joint Mot., ECF No. 20.) The Joint Motion is signed by both parties. 20 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 21 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 22 moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties 23 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 24 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a compliant notice 25 or stipulation, as described in Rule 41(a)(1)(A), and no…