Liberty Mutual Insurance Company v. Coffman Specialties, Inc. et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LIBERTY MUTUAL INSURANCE
COMPANY,
Plaintiff,
v.
COFFMAN SPECIALTIES, INC. et al.,
Defendants.
Case No. 25-cv-0619-BAS-JLB
ORDER GRANTING JOINT
STIPULATION TO DISMISS
COUNTS 2, 4, AND 5 (ECF No. 69)
Presently before the Court is Parties’ Joint Stipulation to Dismiss Counts 2, 4, and 5
of Plaintiff Liberty Mutual Insurance Company’s Complaint. 	(ECF No. 69.) 	The Court
GRANTS Parties’ Joint Stipulation to Dismiss. (Id.)
Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its 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). 	Dismissal is effective upon the filing of a notice or
stipulation, as described in Rule 41(a)(1)(A), 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). A
dismissal is without prejudice unless the parties stipulate otherwise. 	Fed. R. Civ. P.
Case 3:25-cv-00619-BAS-JLB Document 70 Filed 10/09/26 PageID.<pageID>
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41(a)(1)(B). 	However, the local civil rules of this district require that where, as here,
litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule
41(a)(1)(A)(ii), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2.
Having considered Parties’ joint submission, the Court GRANTS Parties’ Joint
Stipulation to Dismiss. 	(ECF No. 69.) 	Thus, the Court DISMISSES WITHOUT
PREJUDICE Counts 2, 4, and 5 from the Complaint.
IT IS SO ORDERED.
DATED: October 9, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:25-cv-00619-BAS-JLB Document 70 Filed 10/09/26 PageID.<pageID>
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