1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 FREDERIC G. LUDWIG, III, Case No. 23-cv-0059-BAS-JLB

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ACTION WITH PREJUDICE (ECF No. 30) 14 CITY OF SAN DIEGO; CMAR, LLC;

FIT ATHLETIC CMR, LLC; PROTEUS 15 FIT CMR; DOES 1-10, 16 Defendants. 17

18 19 Pending before the Court is Plaintiff’s Joint Motion to Dismiss according to Federal 20 Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. 21 (ECF No. 30.) 22 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 23 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 24 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 25 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111

(9th Cir. 1997). Dismissal is effective upon the filing of a notice or 27 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 28 Woodford, No. CIV-F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 2007). A | ||dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 2 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 3 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 4 ||41(a)(1)(A)(i1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 5 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 6 || (ECF No. 3.) Thus, the Court DISMISSES WITH PREJUDICE the action against each 7 Defendant. The Clerk of Court is directed to close the case. 8 IT IS SO ORDERED. 9 10 || DATED: September 25, 2023 Lin A (Lyohaa. 6 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28