1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PAYMAN RAHIMIAN, Case No. 23-cv-0628-BAS-DDL

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS (ECF No. 14)

14 MITSUBISHI MOTORS NORTH

AMERICA, INC., 15 Defendant. 16

17

18 Before this Court is the parties’ request to dismiss with prejudice this action. (Joint 19 Mot., ECF No. 14.) Under Federal Rule of Civil Procedure 41(a)(1)(A), a plaintiff has an 20 absolute right to voluntarily dismiss its action by (1) filing a notice of voluntary dismissal 21 before a defendant has filed an answer or moved for summary judgment, see id. 22 41(a)(1)(A)(i), or (2) filing a stipulation of dismissal signed by all parties who have 23 appeared, see id. 41(a)(1)(A)(ii). See also Wilson v. City of San Jose,

, 692 24 (9th Cir. 1997). Dismissal pursuant to Rule 41(a)(1)(A)(ii) is effective upon the filing of a 25 compliant notice or stipulation. No court order is required. See Stone v. Woodford, CIV- 26 F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 2007). A dismissal is without 27 prejudice unless the parties stipulate otherwise. See Fed. R. Civ. P. 41(a)(1)(B). 28 I Nonetheless, the local civil rules of this district require that where, as here, litigants 2 ||seek voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(ai), 3 a stipulation must be filed as a joint motion.! 4 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 5 || No. 14.) Thus, the Court DISMISSES WITH PREJUDICE the instant action, with each 6 || side bearing its own fees and costs. The Clerk of Court is directed to close the case. 7 IT IS SO ORDERED. / , 8 || DATED: August 21, 2023 Lin A (Ayphan 6 9 United States District Judge 10 11 12 13 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.