1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CARL BRANDON, JR.; Case No. 24-cv-1164-BAS-KSC ANTOINETTE RODRIGUEZ; 12 ERIC JOHNSON; THEODORE ORDER GRANTING PARTIES’ 13 KING; and DAEJORE JOINT MOTION TO DISMISS AND WILLIAMSON, DENYING MOTION TO DISMISS 14 Plaintiffs, AS MOOT 15 (ECF Nos. 3, 6) v. 16 CITY OF SAN DIEGO, and 17 DOES 1-100, 18 Defendants. 19 20 Before this Court is the parties’ request to dismiss this action with prejudice pursuant 21 to Federal Rule of Civil Procedure (“Rule”) 41. (Joint Motion, ECF No. 6.) Under Rule 22 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss their action by (1) filing 23 a notice of voluntary dismissal before a defendant has filed an answer or moved for 24 summary judgment, see Rule 41(a)(1)(A)(i), or (2) filing a stipulation of dismissal signed 25 by all parties who have appeared, see Rule 41(a)(1)(A)(ii). See also Wilson v. City of San 26 Jose,

(9th Cir. 1997). Dismissal pursuant to Rule 41(a)(1)(A)(ii) is 27 effective upon the filing of a compliant notice or stipulation. No court order is required. 28 See Stone v. Woodford, CIV-F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 1 2007). Nonetheless, the local civil rules of this district require that where, as here, litigants 2 ||seek voluntary dismissal by filing a signed stipulation pursuant to Rule 41(a)(1)(A)(ai), 3 a stipulation must be filed as a joint motion.! 4 A dismissal is without prejudice unless the parties stipulate otherwise. See Fed. R. 5 ||Civ. P. 41(a)(1)(B). Here, the parties have stipulated otherwise. (See Joint Motion 6 || (stipulating to dismissal with prejudice).) 7 Having considered the parties’ request, the Court GRANTS the Joint Motion. (ECF 8 || No. 6.) Thus, the Court DENIES the pending Motion to Dismiss as moot (ECF No. 3), and 9 || DISMISSES WITH PREJUDICE the instant action. The Clerk of Court is directed to 10 || close the case. 11 IT IS SO ORDERED. 12 13 || DATED: February 19, 2025 ii ly A (Dipharb 14 H@¢n. Cynthia Bashant, Chief Judge 15 United States District Court

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. ~_9.