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5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 AMY ELLER, Case No. 23-cv-0943-BAS-AHG 9 Plaintiff, 10 v. ORDER GRANTING JOINT MOTION TO DISMISS ACTION 11 AUTOMATIC DATA PROCESSING, WITH PREJUDICE (ECF No. 38) INC., 12 Defendant. 13 14 15 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 16 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action and to 17 dissolve the Ex Parte Temporary Restraining Order and the Preliminary Injunction 18 entered on June 5, 2023 and June 16, 2023 respectively. (ECF No. 38.) 19 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its 20 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 21 or moved for summary judgment or (2) filing a stipulation of dismissal signed by all 22 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San 23 Jose,

(9th Cir. 1997). Dismissal is effective upon the filing of a notice 24 or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 25 Woodford, No. CIV-F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 2007). A 26 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 27 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 28 litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 1 41(a)(1)(A)GD), the stipulation of dismissal must be filed as a joint motion. See CivLR 2 || 7.2. 3 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 4 (ECF No. 38.) The Temporary Restraining Order (ECF No. 18) and Preliminary 5 || Injunction (ECF No. 23) entered on June 5, 2023 and June 16, 2023 are dissolved in their 6 || entireties and are of no further force or effect. The Court DISMISSES WITH 7 || PREJUDICE the action against Defendant. Each party shall bear its own costs and 8 || attorney fees. The Clerk of Court is directed to close the case. 9 IT IS SO ORDERED. 10 , 11 || DATED: October 11, 2023 (pile A A (Bashan. 6 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28