Estep

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARY ESTEP, Case No. 22-cv-0944-BAS-MDD

Plaintiff,

ORDER GRANTING JOINT

v. MOTION TO DISMISS (ECF No. 12)

AMERICAN EXPRESS NATIONAL

BANK,

15 Defendant.

Before this Court is the parties’ joint motion to dismiss this action with prejudice under Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). (Joint Mot., ECF No. 12.) In support of their Joint Motion, the parties filed a stipulation of dismissal, signed by all parties who have appeared. Under Rule 41(a)(1)(A), 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)(i), (ii); 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…