Fierro

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

9 PATRICIA FIERRO, Case No. 22-cv-0493-BAS-BLM Plaintiff,

ORDER GRANTING JOINT

v. MOTION TO DISMISS (ECF No. 35)

CAPITAL ONE, N.A., Defendant. 16 17

Pending before the Court is the parties’ joint motion pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint Mot., ECF No. 35.) Under Rule 41(a)(1), 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), and no court order is required. Stone v. || Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16,…