1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAMES CARTER, an individual, and Case No. 23-cv-1838-BAS-AHG ANASTASIA DUBOSHINA, individually 12 and as successor in interest to the estate of ORDER GRANTING PARTIES’ 13 Nico James Carter, JOINT MOTION TO DISMISS (ECF No. 13) 14 Plaintiffs, 15 v. 16 HYATT HOTELS CORPORATION; HYATT CORPORATION; PLAYA 17 HOTELS AND RESORTS, N.V.; 18 PLAYA RESORTS MANAGEMENT, LLC; PLAYA MANAGEMENT USA, 19 LLC; and DOES 1 through 100, 20 Defendants. 21 22 On January 30, 2024, Plaintiffs, James Carter and Anastasia Duboshina, 23 individually and as Successors in Interest to the Estate of Nico James Carter (“Plaintiffs”); 24 and defendants Hyatt Hotels Corporation; Hyatt Corporation; Playa Resorts Management, 25 LLC and Playa Management USA, LLC (“Defendants”) filed a joint motion to dismiss all 26 defendants and the above-captioned action in its entirety with prejudice. (ECF No. 13) (the 27 “Motion”). 28 Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss his 1 || action by (1) filing a notice of voluntary dismissal before a defendant has filed an answer 2 ||or moved for summary judgment, see Rule 41(a)(1)(A)Q), or (2) filing a stipulation of 3 || dismissal signed by all parties who have appeared, see Rule 41(a)(1)(A)(ii). See also 4 || Wilson v. City of San Jose,

(9th Cir. 1997). Dismissal pursuant to Rule 5 ||41(a)(1)(A)(1) is effective upon the filing of a compliant notice or stipulation. No court 6 ||order is required. See Stone v. Woodford, CIV-F-05-845 AWI-DLB,

7 ||(E.D. Cal. Feb. 16, 2007). Nonetheless, the local civil rules of this district require that 8 || where, as here, litigants seek voluntary dismissal by filing a signed stipulation pursuant to 9 41(a)(1)(A)(ii), such a stipulation must be filed as a joint motion.! 10 The Court, having considered the Motion, and for good cause shown, hereby 11 || GRANTS the Motion. The above-captioned action is hereby dismissed in its entirety, as 12 all defendants, with prejudice, with each party to bear its own attorneys’ fees and costs. 13 || The Clerk shall close the case. 14 IT IS SO ORDERED. 15 /\ yy 16 DATED: February 12, 2024 ( itl A (pha □ 17 United States District Judge 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.