1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GOPHER MEDIA LLC, doing Case No. 23-cv-0226-BAS-DEB business as Doctor Multimedia, a 12 Nevada Limited Liability Company; ORDER GRANTING JOINT 13 JET DIGITAL LLC, a Nevada MOTION TO DISMISS Limited Liability Company, (ECF No. 28) 14

Plaintiff, 15 v. 16 GOGROTH LLC, doing business 17 as GROWTH99, a Florida limited 18 liability company; CAMERON HEMPHILL, an individual; DOES 19 1–10; 20 Defendants. 21 22 Before this Court is the parties’ request to dismiss this action with prejudice pursuant 23 to Federal Rule of Civil Procedure (“Rule”) 41. (Mot., ECF No. 28.) Under Rule 24 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its action by (1) filing a 25 notice of voluntary dismissal before a defendant has filed an answer or moved for summary 26 judgment, see Rule 41(a)(1)(A)(i), or (2) filing a stipulation of dismissal signed by all 27 parties who have appeared, see Rule 41(a)(1)(A)(ii). See also Wilson v. City of San Jose, 28

(9th Cir. 1997). Dismissal pursuant to Rule 41(a)(1)(A)(ii) is effective 1 ||upon the filing of a compliant notice or stipulation. No court order is required. See Stone 2 ||v. Woodford, CIV-F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 2007). 3 || Nonetheless, the local civil rules of this district require that where, as here, litigants seek 4 ||voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(i1), such a 5 stipulation must be filed as a joint motion.! 6 A dismissal is without prejudice unless the parties stipulate otherwise. See Fed. R. 7 || Civ. P. 41(a)(1)(B). Here, the parties have stipulated otherwise. (See Mot., ECF No. 28 8 (stipulating to dismissal with prejudice).) 9 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 10 || No. 28.) Thus, the Court DISMISSES WITH PREJUDICE the instant action. The Clerk 11 Court is directed to close the case. 12 IT IS SO ORDERED. / , 13 || DATED: December 5, 2023 Lin A (Bashan. 6 14 United States District Judge 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.