Integrity Medical Product Solutions, LLC v. Seroclinix Corporation, a Canadian...
Integrity Medical Product Solutions, LLC v. Seroclinix Corporation, a Canadian...
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 INTEGRITY MEDICAL PRODUCT Case No. 22-cv-00785-BAS-BLM SOLUTIONS, LLC, 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO DISMISS ACTION v. AGAINST THIRD-PARTY 14 DEFENDANT WITH PREJUDICE SEROCLINIX CORPORATION, a 15 (ECF No. 99) Canadian Corporation; SEROCLINIX
16 CORPORATION, a Delaware Corporation, 17 Defendants. 18 SEROCLINIX CORPORATION, a 19 Canadian Corporation; SEROCLINIX 20 CORPORATION, a Delaware Corporation, 21 Third-Party Plaintiffs, 22 v. 23 24 HONU MANAGEMENT GROUP, LLC,, 25 Third-Party Defendant. 26 27 28 1 Pending before the Court is Parties’ joint motion pursuant to Federal Rule of Civil 2 || Procedure (“Rule”) 41(a)(1)(A)(i1) to dismiss the above-captioned action. (ECF No. 99.) 3 Under Rule 41(a)(1), a plaintiffhas an absolute right to voluntarily dismiss its action 4 ||by (1) filing a notice of voluntary dismissal before a defendant has filed an answer or 5 ||moved for summary judgment or (2) filing a stipulation of dismissal signed by all parties 6 || who have appeared. Fed. R. Civ. P. 41(a)(1)(A); see also Wilson v. City of San Jose, 111 7 ||F.3d 688, 692 (9th Cir. 1997). Dismissal is effective upon the filing of a notice or 8 stipulation, as described in Rule 41(a)(1)(A), and no court order is required. Stone v. 9 || Woodford, No. CIV-F-05-845 AWI DLB,
2007 WL 527766(E.D. Cal. Feb. 16, 2007). A 10 dismissal is without prejudice unless the parties stipulate otherwise. Fed. R. Civ. P. 11 |}/41(a)(1)(B). However, the local civil rules of this district require that where, as here, 12 || litigants seek voluntary dismissal pursuant to stipulation, in accordance with Rule 13 } }41(a)(1)(A)(i), the stipulation of dismissal must be filed as a joint motion. See CivLR 7.2. 14 Here, Parties have reached a settlement of disputes underlying the Second Amended 15 || Third-Party Complaint (ECF No. 98). (ECF No. 99.) Having considered the parties’ 16 ||}submission, the Court GRANTS the joint motion. (Ud.) Thus, the Court DISMISSES 17 || WITH PREJUDICE the action against Third-Party Defendant Honu Management Group, 18 |}LLC. Each party shall bear its own costs and attorney’s fees. The Court also DIRECTS 19 || the Clerk of Court to close the case. 20 IT IS SO ORDERED. 21 22 ||DATED: November 19, 2025 Calla Bahar ke 73 H n. Cynthia Bashant, Chief Judge United States District Court 24 25 26 27 28
Reference
- Full Case Name
- Integrity Medical Product Solutions, LLC v. Seroclinix Corporation, a Canadian Corporation; Seroclinix Corporation, a Delaware Corporation
- Status
- Unknown