1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GRECCO PRODUCTIONS, Case No. 22-cv-00935-BAS-AHG

INC.,

12

ORDER GRANTING JOINT

Plaintiff, 13 MOTION TO DISMISS (ECF No. 30) v. 14 THE ASSOCIATED PRESS, a Delaware 15 Corporation, 16 Defendant. 17

18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint Mot., ECF 20 No. 30.) 21 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 22 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 23 moved for summary judgment, or (2) filing a stipulation of dismissal signed by all parties 24 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 25 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a compliant notice 26 or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 27 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A 28 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 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 stipulation, in accordance with Rule 3 ||41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 4 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 5 ||(ECF No. 30.) Thus, the Court DISMISSES WITH PREJUDICE the action against 6 || Defendant. Each party shall bear its own costs and attorney fees. The Clerk of Court is 7 || directed to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: February 22, 2023 (pil A (Haoho: 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.