Cline v. Home Depot U.S.A., Inc. et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
DAVID MARVIN CLINE,
Plaintiff,
v.
HOME DEPOT U.S.A., INC et. al,
Defendants.
Case No. 25-cv-03509-BAS-BJW
ORDER GRANTING JOINT
MOTION TO DISMISS ENTIRE
ACTION WITH PREJUDICE
(ECF No. 17)
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. 17.)
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,
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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.
Here, Parties jointly move to dismiss the present action. 	(ECF No. 17.) 	Having
considered the parties’ submission, the Court GRANTS the joint motion. (Id.) Thus, the
Court DISMISSES WITH PREJUDICE the action. Each party shall bear its own costs
and attorney’s fees, unless otherwise agreed in writing. 	The Court also DIRECTS the
Clerk of Court to close the case.
IT IS SO ORDERED.
DATED: March 26, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:25-cv-03509-BAS-BJW Document 18 Filed 03/26/26 PageID.<pageID>
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