1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 KHAMNGA INTA; RICHARD S. INTA, Case No. 22-cv-0263-BAS-DDL

14 Plaintiffs, ORDER GRANTING JOINT 15 v. MOTION TO DISMISS (ECF No. 17)

16 FORD MOTOR COMPANY,

17 Defendant. 18 19 20 21 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 22 Civil Procedure (“Rule”) 41(a)(1) to dismiss the above-captioned action with prejudice. 23 (Joint Mot., ECF No. 17.) Under Rule 41(a)(1), a plaintiff has an absolute right to 24 voluntarily dismiss its action by (1) filing a notice of voluntary dismissal before a defendant 25 has filed an answer or moved for summary judgment, or (2) filing a stipulation of dismissal 26 signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. 27 City of San Jose,

(9th Cir. 1997). Dismissal is effective upon the filing 28 of a compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 1 |}required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB,

(E.D. Cal. 2 16, 2007). A dismissal is without prejudice unless the parties stipulate otherwise. 3 || Fed. R. Civ. P. 41(a)(1)(B). However, the local civil rules of this district require that where, 4 |/as here, litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 5 ||41(a)(1)(A)(1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 6 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 7 (ECF No. 17.) Thus, the Court DISMISSES WITH PREJUDICE the action against 8 Defendant. The Clerk of Court is directed to close the case. 9 IT IS SO ORDERED. 10 A , 11 || DATED: February 3, 2023 Lin A (Ayphan 6 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4.