1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LESLIE LISBETH SANCHEZ Case No. 24-cv-0362-BAS-KSC HERNANDEZ, an individual, 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS (ECF No. 17) v. 14 ARAMARK CAMPUS, LLC, a Delaware 15 limited liability company; and DOES 1 16 through 100, inclusive, 17 Defendants. 18 19 Before this Court is the parties’ request to dismiss this action with prejudice pursuant 20 to Federal Rule of Civil Procedure (“Rule”) 41. (ECF No. 17.) Under Rule 41(a)(1)(A), a 21 plaintiff has an absolute right to voluntarily dismiss its action by (1) filing a notice of 22 voluntary dismissal before a defendant has filed an answer or moved for summary 23 judgment, see Rule 41(a)(1)(A)(i), or (2) filing a stipulation of dismissal signed by all 24 parties who have appeared, see Rule 41(a)(1)(A)(ii). See also Wilson v. City of San Jose, 25

(9th Cir. 1997). Dismissal pursuant to Rule 41(a)(1)(A)(ii) is effective 26 upon the filing of a compliant notice or stipulation. No court order is required. See Stone 27 v. Woodford, CIV-F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 2007). 28 Nonetheless, the local civil rules of this district require that where, as here, litigants seek 1 || voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(i1), such a 2 ||stipulation must be filed as a joint motion.! 3 A dismissal is without prejudice unless the parties stipulate otherwise. See Fed. R. 4 ||Civ. P. 41(a)(1)(B). Here, the parties have stipulated otherwise. (See ECF No. 17 5 ||(stipulating to dismissal with prejudice).) 6 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 7 ||No. 17.) Thus, the Court DISMISSES WITH PREJUDICE the instant action. (/d.) 8 || Further, the Court ORDERS that the parties have each waived any and all rights to appeal, 9 || that each party shall bear their own attorneys’ fees and costs incurred in connection with 10 as a result of this action, and that no party shall be deemed the prevailing party. The 11 Clerk of Court is directed to close the case. 12 IT IS SO ORDERED. 13 /\ 14 || DATED: July 1, 2024 Lin A (Lyohaa 6 15 United States District Judge 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. 4.