Thurston

Thurston v. Pollard

Good Law
United States District Court, Southern District of CaliforniaJanuary 5, 20233:21-cv-01578California371 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANDERSON P. THURSTON, Case No. 21-cv-1578-BAS-BGS

Plaintiff,

ORDER GRANTING JOINT

v. MOTION TO DISMISS

M. POLLARD, et al., (ECF No. 43) Defendants.

17 Before this Court is the parties’ joint motion to dismiss this action with prejudice 18 under Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). (Joint Mot., ECF No. 40.) 19 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its 20 action or a party thereof by (1) filing a notice of voluntary dismissal before a defendant has 21 filed an answer or moved for summary judgment, or (2) filing a stipulation of dismissal 22 signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(i), (ii); see also Wilson 23 v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the 24 filing of a compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court 25 order is required. Stone v. Woodford, No. CIV-F-05-845…

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