Patricio v. Equifax Information Services, LLC et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
BEVERLY PATRICIO,
Plaintiff,
v.
EQUIFAX INFORMATION SERVICES,
LLC, et. al,
Defendants.
Case No. 25-cv-00931-BAS-AHG
ORDER GRANTING JOINT
MOTION TO DISMISS PURSUANT
TO FEDERAL RULE OF CIVIL
PROCEDURE 41(a)(1)(A)(ii)
(ECF No. 26)
Pending before the Court is Parties’ joint motion pursuant to Federal Rule of Civil
Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 26.)
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. 41(a)(1)(B). However, the
local civil rules of this district require that where, as here, litigants seek voluntary dismissal
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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.
Here, Parties jointly filed to dismiss the present action. 	(ECF No. 26.) 	Having
considered the parties’ submission, the Court GRANTS the joint motion. (Id.) Thus, the
Court DISMISSES WITH PREJUDICE the action against Defendants. Each party shall
bear its own costs and attorney’s fees. 	The Court also DIRECTS the Clerk of Court to
close the case.
IT IS SO ORDERED.
DATED: March 19, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:25-cv-00931-BAS-AHG Document 27 Filed 03/19/26 PageID.<pageID>
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