Bell Semiconductor, LLC v. Qualcomm Inc.

United States District Court for the Southern District of California

Bell Semiconductor, LLC v. Qualcomm Inc.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BELL SEMICONDUCTOR, INC., Case No. 22-cv-0595-BAS-KSC Case No. 22-cv-1266-BAS-KSC 12 Plaintiff, Case No. 22-cv-1526-BAS-KSC 13 v. Case No. 22-cv-1796-BAS-KSC

14 QUALCOMM INC., ORDER GRANTING JOINT 15 Defendant. MOTIONS TO DISMISS

16

17 Before the Court are the parties’ joint motions to dismiss the above-captioned 18 proceedings in light of a global resolution they have reached. (Case No. 22-cv-0595, ECF 19 No. 60; Case No. 22-cv-1266, ECF No. 23; Case No. 22-cv-1526, ECF No. 20; Case No. 20 22-cv-1796, ECF No. 22 (collectively, “Joint Motions”).) 21 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its 22 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 23 or moved for summary judgment, or (2) filing a stipulation of dismissal signed by all 24 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(i), (ii); see also Wilson v. City of 25 San Jose,

111 F.3d 688, 692

(9th Cir. 1997). Dismissal is effective upon the filing of a 26 compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 27 required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB,

2007 WL 527766

(E.D. Cal. 28 1 16, 2007). A dismissal is without prejudice unless the parties stipulate otherwise. 2 || Fed. R. Civ. P. 41(a)(1)(B). 3 Nonetheless, the local civil rules of this district require that where, as here, litigants 4 ||seek voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(i), 5 ||such a stipulation must be filed as a joint motion.' In accordance with this district’s local 6 || civil rules, the parties filed Rule 41(a)(1)(A)(i1)-compliant stipulations in all four above- 7 || captioned cases, which they styled as a Joint Motions 8 Having considered the parties’ requests, the Court GRANTS the Joint Motions and 9 || DISMISSSES WITH PREJUDICE the four above-captioned proceedings. The parties 10 bear their own costs and attorneys’ fees. 11 IT IS SO ORDERED. / . , 12 ||DATED: February 6, 2023 (Yin A (Lyohaa é 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' See Electronic Case Filing Administrative Policies and Procedures Manual, United States District Court for the Southern District of California.

Reference

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