City of Oceanside v. General Reinsurance Corporation

Good Law
United States District Court, Southern District of CaliforniaNovember 7, 20233:23-cv-00275California340 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CITY OF OCEANSIDE, Case No. 23-cv-0275-BAS-BLM

Plaintiff,

ORDER GRANTING JOINT

v. MOTION TO DISMISS ACTION WITH PREJUDICE (ECF No. 20) GENERAL REINSURANCE

CORPORATION, et al., 15 Defendants. 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. (ECF No. 20.) 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 order is required. Stone v. Woodford, No. CIV-F-05-845…

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