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7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 SLAYER FOREVER LLC, Case No. 22-cv-1385-BAS-DEB 11 Plaintiff, ORDER GRANTING JOINT MOTION 12 TO DISMISS WITHOUT PREJUDICE v. 13 [ECF No. 38] AUSSIE BUBS, INC., et al., 14 Defendants. 15 16 17 18 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 19 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (Joint 20 Mot., ECF No. 38.) 21 Under Rule 41(a)(1), 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); see also Wilson v. City of San 25 Jose,

(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,

(E.D. Cal. 28 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, litigants seek voluntary dismissal pursuant to stipulation, in accordance 3 || with Rule 41(a)(1)(A)G)), the stipulation of dismissal must be filed as a joint motion. See 4 || CivLR 7.2. 5 Having considered the parties’ submission, the Court GRANTS Joint Motion. 6 || CECF No. 38.) Thus, the Court DISMISSES WITHOUT PREJUDICE the action 7 ||against Defendants. Each party shall bear its own costs and attorney fees. The Clerk of g || Court is directed to close the case. 9 IT IS SO ORDERED. 10 , fl 11 || DATED: July 18, 2023 Lill 4 (Asha 6 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28