Eller
Eller v. Automatic Data Processing, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
7 8 AMY ELLER, Case No. 23-cv-0943-BAS-AHG 9 Plaintiff, 10 v. ORDER GRANTING JOINT
MOTION TO DISMISS ACTION
11 AUTOMATIC DATA PROCESSING, WITH PREJUDICE (ECF No. 38)
INC.,
12 Defendant. 13 14 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 and to dissolve the Ex Parte Temporary Restraining Order and the Preliminary Injunction entered on June 5, 2023 and June 16, 2023 respectively. (ECF No. 38.) 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),…