Daigle
Daigle v. City of Oceanside
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRANDON LEE DAIGLE, et al., Case No. 19-cv-1180-BAS-WVG
Plaintiffs,
ORDER GRANTING JOINT
v. MOTION TO DISMISS
CITY OF OCEANSIDE, et al., [ECF No. 88] Defendants.
Before this Court is the parties’ joint motion to dismiss this action with prejudice under Rule 41(a)(1)(A)(ii). (Joint Mot., ECF No. 88.) In support of their Joint Motion, the parties filed a stipulation of dismissal, signed by all parties who have appeared. (See id. 2–3) 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, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a compliant notice or stipulation, as…