1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JERRY MORFIN, Case No. 22-cv-0336-BAS-DDL

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS WITH PREJUDICE (ECF No. 15) 14 O’REILLY AUTO ENTERPRISES,

LLC., et al., 15 Defendants. 16

17

18 On April 6, 2022, the parties jointly moved pursuant to Federal Rule of Civil 19 Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss Defendants O’Reilly Automotive Stores, Inc. 20 and O’Reilly Automotive, Inc. from this employment action. (First Joint Mot., ECF No. 21 3.) The Court granted that request on April 7, 2022. (Order, ECF No. 4.) After this 22 dismissal, O’Reilly Automotive Enterprise LLC, Inc. was the lone remaining Defendant in 23 this action. 24 Now before the Court is the parties’ second Joint Motion pursuant to Rule 25 41(a)(1)(A)(ii), this time to dismiss with prejudice the action in its entirety. (Second Joint 26 Mot., ECF No. 15.) Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily 27 dismiss its action by (1) filing a notice of voluntary dismissal before a defendant has filed 28 an answer or moved for summary judgment, or (2) filing a stipulation of dismissal signed 1 || by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of 2 || San Jose,

(9th Cir. 1997). Dismissal is effective upon the filing of a 3 ||compliant notice or stipulation, as described in Rule 41(a)(1)(A), and no court order is 4 ||required. Stone v. Woodford, No. CIV-F-05-845 AWI-DLB,

(E.D. Cal. 5 16, 2007). A dismissal is without prejudice unless the parties stipulate otherwise. 6 || Fed. R. Civ. P. 41(a)(1)(B). However, the local civil rules of this district require that where, 7 here, litigants seek voluntary dismissal by filing a signed stipulation pursuant to Rule 8 |141(a)(1)(A)(ii), such a stipulation must be filed as a joint motion.! 9 Having considered the parties’ request, the Court GRANTS the Joint Motion before 10 GECF No. 15.) Thus, the Court DISMISSES WITH PREJUDICE the action with each 11 party to bear their own respective attorneys’ fees and costs of suit. The Court further 12 || DIRECTS the Clerk of Court to close the case. 13 IT IS SO ORDERED. 14 || DATED: April 21, 2023 ( itl A (Hiphan 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 sorthe □□ Electronic Case Ping Administrative Policies and Procedures Manual, United States District Court