1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 LUIS CASTRO, individually, and on Case No.: 3:25-cv-02621-CAB-SBC behalf of all others similarly situated, 14 ORDER GRANTING JOINT Plaintiff, 15 MOTION TO ARBITRATE v. PLAINTIFF’S INDIVIDUAL 16 CLAIMS AND DISMISS PLENUMS PLUS, LLC, a limited liability 17 PLAINTIFF’S CLASS CLAIMS company; and DOES 1 through 10, PURSUANT TO FRCP 41(a)(1)(A)(ii) 18 inclusive,

19 Defendants. [Doc. No. 6] 20

21 The Parties filed a Joint Motion to Arbitrate Plaintiff’s Individual Claims and 22 Dismiss Plaintiff’s Class Claims Pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of 23 Civil Procedure. [Doc. No. 6]. 24 Under Rule 41(a)(1), a plaintiff has an absolute right to voluntarily dismiss its action 25 by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 26 moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 27 who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 28 1 ||/F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 2 ||stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 3 || Woodford, No. CIV-F-05-845 AWI-DLB,

(E.D. Cal. Feb. 16, 2007). A 4 ||dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 5 ||41(a)(1)(B). However, the local civil rules of this district require that where, as here, 6 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 7 41(a)C1)(A)Qi), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 8 Having considered the Parties’ submission, the Court GRANTS the joint motion in 9 The Court ORDERS as follows: 10 1. Plaintiff’s class claims are dismissed without prejudice; 11 2. Plaintiffs individual claims are dismissed without prejudice; 12 3. All Court related dates and proceedings are vacated; 13 4. The Court will retain jurisdiction over this matter to enforce any resulting 14 arbitration award; and 15 5. All Parties to bear their own fees and costs associated with dismissal of Plaintiff’ s 16 complaint. 17 It is SO ORDERED. 18 Dated: October 22, 2025 € Z 19 Hon. Cathy Ann Bencivengo 20 United States District Judge 21 22 23 24 25 26 27 28