1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAIRO CERVANTES, et al., Case No. 17-cv-1230-BAS-AHG 12 Plaintiffs, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS (ECF No. 198) 14 SHELLEY ZIMMERMAN, et al.. 15 Defendants. 16 17 The parties have jointly moved pursuant to Federal Rule of Civil Procedure (“Rule”) 18 41(a)(1)(A)(ii) to dismiss this action with prejudice. (Joint Mot., ECF No. 198.) In support 19 of their Joint Motion, the parties filed a stipulation of dismissal, signed by all parties who 20 have appeared. (See id.) 21 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its 22 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 23 or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all 24 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San 25 Jose, 111 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a 26 compliant 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 ||as here, litigants seck voluntary dismissal by filing a signed stipulation pursuant to Rule 3 ||41(a)(1)(A)(ii), such a stipulation must be filed as a joint motion.! 4 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 5 || No. 198.) Thus, the Court DISMISSES WITH PREJUDICE the action. Each party shall 6 || bear its own costs and fees. The Clerk of Court is directed to close the case. 7 IT IS SO ORDERED. / , 8 || DATED: March 8, 2022 Lin A (Ayphan 6 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‘orthe Electronic □□ re jominustrative Policies and Procedures Manual, United States District Court