Pontus Mag Vallejo, LLC v. West American Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PONTUS MAG VALLEJO, LLC, Case No. 22-cv-1086-BAS-DDL
Plaintiff,
ORDER GRANTING JOINT
v. MOTION TO DISMISS
WEST AMERICAN INSURANCE (ECF No. 30)
COMPANY,
15 Defendant.
17 Before this Court is the parties’ joint motion to dismiss the instant action with 18 prejudice under Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). (Joint Mot., ECF 19 No. 30.) 20 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its 21 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 22 or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all 23 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(i), (ii); see also Wilson v. City of 24 San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a 25 compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 26 required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL…