1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FALCO ERMERT., Case No. 21-cv-1796-BAS-JLB

12 Plaintiff,

ORDER GRANTING JOINT

13 v. MOTION TO DISMISS (ECF No. 20)

14 COMPETITOR GROUP, INC., et al.,

15 Defendants. 16

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 court order is required. Stone v. 26 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 27 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 28 1 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 2 || litigants seek voluntary dismissal pursuant to Rule 41(a)(1)(i1), such a stipulation must be 3 || filed as a joint motion.! 4 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 5 ||No. 20.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 Defendants. Each party shall bear its own costs and fees. The Clerk of Court is directed 7 || to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: February 2, 2022 Lin A (Lyohaa 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sorthe □□ Electronic Case Ping Administrative Policies and Procedures Manual, United States District Court