1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JAHMIRA HINTON, Case No. 25-cv-00313-BAS-JLB

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO DISMISS ACTION WITH PREJUDICE (ECF No. 5) 14 LVNV FUNDING, LLC,

15 Defendant.

16 17 18 19 Pending before the Court is the parties’ joint motion pursuant to Federal Rule of 20 Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss the above-captioned action. (ECF No. 21 5.) 22 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 23 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 24 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 25 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111

(9th Cir. 1997). Dismissal is effective upon the filing of a notice or 27 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 28 Woodford, No. CIV-F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 2007). A | ||dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 2 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 3 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 4 ||41(a)(1)(A)(i1), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 5 Having considered the parties’ submission, the Court GRANTS the Joint Motion. 6 (ECF No. 5.) Thus, the Court DISMISSES WITH PREJUDICE the action against 7 Defendant. Each party shall bear its own costs and attorneys’ fees. The Clerk of Court is 8 || directed to close the case. 9 IT IS SO ORDERED. 10 ~ 11 || DATED: March 21, 2025 yatta Bihar 2 H n. Cynthia Bashant, Chief Judge United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28