Charman

Charman v. Avenue 81 Inc.

Good Law
United States District Court, Southern District of CaliforniaMarch 9, 20233:22-cv-01682California378 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THANE CHARMAN, Case No. 22-cv-1682-BAS-AGS

Plaintiff,

ORDER GRANTING JOINT

v. MOTION TO DISMISS (ECF No. 18)

DRIP GLOBAL, INC. f/k/a AVENUE

INC., a Delaware corporation, 15 Defendant.

Before this Court is the parties’ joint motion to dismiss the instant action with prejudice under Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). (Joint Mot., ECF No. 18.) 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 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone…

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