The opinion
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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 FRIESLAND FISHING COMPANY Case No. 22-cv-01797-BAS-WVG
LLC,
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ORDER GRANTING JOINT
Plaintiff,
13 MOTION TO DISMISS ACTION
v. WITHOUT PREJUDICE (ECF No.
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11)
BEN BROWN MAUGHAN III,
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Defendant.
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18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of
19 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No.
20 11.)
21 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action
22 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or
23 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties
24 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111
25 F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or
26 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v.
27 Woodford, No. CIV-F-05-845 AWI-DLB, 2007 WL 527766 (E.D. Cal. Feb. 16, 2007). A
28 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P.
1 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here,
2 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule
3 ||41(a)(1)(A)(a1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2.
4 Having considered the parties’ submission, the Court GRANTS the Joint Motion.
5 ||(ECF No. 11.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action against
6 || Defendant. The Clerk of Court is directed to close the case.
7 IT IS SO ORDERED.
8 A ,
9 DATED: September 26, 2023 yi uA (Bashan. 6
10 United States District Judge
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