Mannkind Corporation v. Miramar Professional Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MANNKIND CORPORATION, Case No. 22-cv-1686-BAS-MSB
Plaintiff,
ORDER GRANTING JOINT
v. MOTION TO DISMISS WITH PREJUDICE (ECF No. 13) MIRAMAR PROFESSIONAL
SERVICES; and MIRAMAR HEALTH
SUPPLY COOPERATIVE, INC.,
16 Defendants.
Before the Court is the parties’ Joint Motion pursuant to Federal Rule (“Rule”) 41(a)(1)(A)(ii) to dismiss with prejudice the instant action. (Joint Mot., ECF No. 13.) 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); 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)(ii), and no court order is required. Stone v.…