Cassity v. FCA USA, LLC

Summary

The United States District Court for the Southern District of California granted the parties’ joint motion to dismiss under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The action against FCA US, LLC was dismissed with prejudice, with each party bearing its own costs and attorneys’ fees, and the Clerk was directed to close the case.

Holdings

1. A plaintiff may voluntarily dismiss an action by filing a stipulation of dismissal signed by all parties who have appeared, and the Southern District of California requires a stipulated dismissal to be filed as a joint motion. The parties' submission satisfied those requirements.
2. The action was dismissed with prejudice, with each party bearing its own costs and attorneys' fees.

Questions Presented

1. Whether the parties' joint stipulation and motion satisfied the requirements for voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the Southern District of California's local rules.
2. Whether the action should be dismissed with prejudice and each party should bear its own costs and attorneys' fees.

Disposition

dismissed