Opinion
Case No. 18-cv-1040-BAS-NLS
08-02-2018
HANANEH KARIMI, Plaintiff, v. JEFFERSON SESSIONS III, et al., Defendants.
ORDER GRANTING JOINT MOTION TO DISMISS CASE
[ECF No. 6]
The parties have jointly moved to dismiss this action "as moot" because "the parties have resolved all matters alleged in Plaintiff's complaint" and the parties "have agreed that the above-captioned case would be dismissed in its entirety." (ECF No. 6.) The Court construes this as a Rule 41(a)(1) stipulation to dismissal. Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss his 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). Unless otherwise stated, a motion under Rule 41(a)(1) is without prejudice. Fed. R. Civ. P. 41(a)(1)(B). Dismissal is typically effective on the filing of the notice or stipulation and no court order is required. Stone v. Woodford, No. CIV-F-05-845 AWI DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). However, local rules require that all stipulations must be filed as a joint motion.
Having considered the parties' request, the Court GRANTS the joint motion. Because the motion does not identify whether it is with or without prejudice, the Court DISMISSES the action in its entirety without prejudice. Each party shall bear its own costs and fees. The Clerk of the Court is directed to close the case.
IT IS SO ORDERED. DATED: August 2, 2018
/s/ _________
Hon. Cynthia Bashant
United States District Judge
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