1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SCOTT SCHUTZA, Case No. 22-cv-0312-BAS-WVG 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS (ECF No. 19) 14 COUNTY OF SAN DIEGO, 15 Defendants. 16 17 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 18 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint 19 Mot., ECF No. 19.) 20 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its 21 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 22 or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all 23 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San 24 Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a 25 compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 26 required. notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 27 required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. 28 Feb. 16, 2007). A dismissal is without prejudice unless the parties stipulate otherwise. 1 || Fed. R. Civ. P. 41(a)(1)(B). However, the local civil rules of this district require that where, 2 here, litigants seek voluntary dismissal pursuant to stipulation in accordance with Rule 3 |141(a)(1)(A)(ii), the stipulation of dismissal must be filed as a joint motion.! 4 Having considered the parties’ submission, the Court GRANTS Joint Motion. (ECF 5 ||No. 19.) Thus, the Court DISMISSES WITH PREJUDICE the action against all 6 || Defendants. The parties shall bear their own costs and attorneys’ fees. The Clerk of Court 7 directed to close the case. 8 IT IS SO ORDERED. / , 9 || DATED: September 13, 2022 yi uA (Bashan. 6 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sorthe □□ Electronic Case Ping Administrative Policies and Procedures Manual, United States District Court