1

2

3

4

5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA 7 8 CRAFTSHACK, INC., Case No. 23-cv-0197-BAS-BGS 9 Plaintiff, 10 v. ORDER GRANTING JOINT MOTION TO DISMISS ACTION 11 SON-VAY CORPORATION, et al., WITH PREJUDICE (ECF No. 21) 12 Defendants. 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. (ECF 17 No. 21.) 18 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its 19 action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 20 or moved for summary judgment or (2) filing a stipulation of dismissal signed by all 21 parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San 22 Jose,

(9th Cir. 1997). Dismissal is effective upon the filing of a notice 23 or stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 24 Woodford, No. CIV-F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 2007). A 25 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 26 41(a)(1)(B). However, the local civil rules of this district require that where, as here, 27 litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 28 1 41(a)(1)(A)GD), the stipulation of dismissal must be filed as a joint motion. See CivLR 2 3 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 4 (ECF No. 21.) Thus, the Court DISMISSES WITH PREJUDICE the action against 5 ||Defendants. The Clerk of Court is directed to close the case. 6 IT IS SO ORDERED. 7 f 8 || DATED: December 20, 2023 (pill A (Lyphan 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