1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ENRIQUE DURAN SOTO, Case No. 23-cv-1014-BAS-MMP

12 Plaintiff, ORDER GRANTING PARTIES’ 13 v. JOINT MOTION FOR DISMISSAL WITH PREJUDICE (ECF No. 20) 14 WELLS FARGO BANK, NATIONAL

ASSOCIATION; AMERICAN 15 SECURITY INSURANCE 16 COMPANY; and DOES 1–50, inclusive, Defendants. 17 18 Before this Court is Parties’ request to dismiss this action with prejudice pursuant to 19 Federal Rule of Civil Procedure (“Rule”) 41. (ECF No. 20.) Under Rule 41(a)(1)(A), a 20 plaintiff has an absolute right to voluntarily dismiss her action by (1) filing a notice of 21 voluntary dismissal before a defendant has filed an answer or moved for summary 22 judgment, or (2) filing a stipulation of dismissal signed by all parties who have appeared. 23 See also Wilson v. City of San Jose,

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

527766 (E.D. Cal. Feb. 16, 2007). Nonetheless, the local civil rules of this district require 27 28 | || that where, as here, litigants seek voluntary dismissal by filing a signed stipulation pursuant 2 ||to Rule 41(a)(1)(A)(ii), such a stipulation must be filed as a joint motion.! 3 A dismissal is without prejudice unless the parties stipulate otherwise. See Rule 4 ||41(a)(1)(B). Here, Parties have stipulated otherwise. (ECF No. 20 at 3:1-6.) 5 Having considered Parties’ request, the Court GRANTS the Joint Motion to 6 Dismiss. (U/d.) This case is hereby DISMISSED in its entirety WITH PREJUDICE, each 7 || side bearing his/her/its own fees and costs (except as provided in the confidential settlement 8 |}agreement). The Clerk of Court is directed to close the case. 9 IT ISSO ORDERED. 10 A , 11 DATED: January 23, 2024 Lin A (Ayphan 6 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 || ——_—— 28 See Rule 7.2(b), Electronic Case Filing Administrative Policies and Procedures Manual, United States District Court for the Southern District of California. ~_9.