Usasilp v. Equifax Information Services, LLC,

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ALEXANDER USASILP,
Plaintiff,
v.
EQUIFAX INFORMATION SERVICES,
LLC,
Defendant.
Case No. 25-cv-02993-BAS-MMP
ORDER GRANTING JOINT
STIPULATION TO DISMISS
ENTIRE ACTION WITH
PREJUDICE (ECF No. 8)
Pending before the Court is the parties’ joint motion pursuant to Federal Rule of
Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No.
8.)
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,
Case 3:25-cv-02993-BAS-MMP Document 9 Filed 03/12/26 PageID.<pageID> Page
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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 the parties’ submission, the Court GRANTS the Joint Motion.
(ECF No. 8.) 	Thus, the Court DISMISSES WITH PREJUDICE Plaintiff’s individual
claims 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 12, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:25-cv-02993-BAS-MMP Document 9 Filed 03/12/26 PageID.<pageID> Page
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