Korabeck

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JADWIGA KORABECK, Case No. 23-cv-2147-BAS-JLB

Plaintiff,

ORDER GRANTING JOINT

v. MOTION TO DISMISS WITH PREJUDICE (ECF No. 12) PRUDENTIAL INSURANCE

COMPANY OF AMERICA,

QUALCOMM INCORPORATED

LONG-TERM DISABILITY PLAN, et al., 17 Defendants.

19 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 20 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 21 12.) 22 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 23 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 24 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 25 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 26 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 27 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. …