1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MARY ESTEP, Case No. 22-cv-0944-BAS-MDD 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS (ECF No. 12) 14 AMERICAN EXPRESS NATIONAL BANK, 15 Defendant. 16 17 18 Before this Court is the parties’ joint motion to dismiss this action with prejudice 19 under Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii). (Joint Mot., ECF No. 12.) 20 In support of their Joint Motion, the parties filed a stipulation of dismissal, signed by all 21 parties who have appeared. 22 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its 23 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 24 or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all 25 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(i), (ii); see also Wilson v. City of 26 San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a 27 compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 28 required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. 1 16, 2007). A dismissal is without prejudice unless the parties stipulate otherwise. 2 || Fed. R. Civ. P. 41(a)(1)(B). 3 Nonetheless, the local civil rules of this district require that where, as here, litigants 4 ||seek voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(i), 5 ||such a stipulation must be filed as a joint motion.! 6 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 7 || No. 12.) Thus, the Court DISMISSES WITH PREJUDICE the instant action. The Clerk 8 Court is directed to close the case. 9 IT IS SO ORDERED. / , 10 || DATED: November 2, 2022 Lin 4 (aphaark 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‘orthe coco Electronic Case Ping Administrative Policies and Procedures Manual, United States District Court