Ludwig
Ludwig v. CMAR, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FREDERIC G. LUDWIG, III, Case No. 23-cv-0059-BAS-JLB
Plaintiff,
ORDER GRANTING JOINT
v. MOTION TO DISMISS ACTION WITH PREJUDICE (ECF No. 30) CITY OF SAN DIEGO; CMAR, LLC;
FIT ATHLETIC CMR, LLC; PROTEUS
FIT CMR; DOES 1-10,
16 Defendants.
18 Pending before the Court is Plaintiff’s Joint Motion to Dismiss according to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 30.) 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 notice or stipulation, as described in Rule 41(a)(1)(A), and no court…