Llamas-Rendon v. GEO Secure Services, LLC et al

Filing 40

ORDER Granting Joint Motion to Dismiss (Doc. 39 ). Signed by District Judge Ruth Bermudez Montenegro on 1/6/25. (All non-registered users served via U.S. Mail Service)(jmo)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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VANESSA LLAMAS-RENDON,
Plaintiff,

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v.

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GEO SECURE SERVICES, LLC, et al.,

Case No.: 3:23-cv-01528-RBM-LR
ORDER GRANTING JOINT
MOTION TO DISMISS
[Doc. 39]

Defendants.

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On December 31, 2024, Plaintiff Vanessa Llamas-Rendon and Defendant GEO

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Secure Services, LLC (collectively, the “Parties”) filed a Joint Motion to Dismiss (“Joint

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Motion”). (Doc. 39.) In their Joint Motion, the Parties stipulated “to the dismissal of

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Plaintiff’s Complaint and the entire action, including all causes of action and claims for

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damages, asserted against all Defendants, with prejudice” pursuant to Federal Rule of Civil

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Procedure 41(a)(2).1 (Id. at 2.) The Parties also stipulated that each party shall “bear its

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own attorneys’ fees and costs.” (Id.)

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“Rule 41(a)(1)[(A)] allows a plaintiff to ‘dismiss an action without a court order by

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filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion

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Although the Parties specify Rule 41(a)(2), Rule 41(a)(1)(A)(ii) appears to be the proper
basis for dismissal.
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3:23-cv-01528-RBM-LR

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for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have

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appeared.’” Dougan v. Centerplate, Inc., Case No. 22-CV-1496 JLS (SBC), 2023 WL

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8604152, at *2 (S.D. Cal. Dec. 12, 2023) (citing Fed. R. Civ. P. 41(a)(1)(A)). “Caselaw

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concerning stipulated dismissals under Rule 41(a)(1)(A)(ii) is clear that the entry of such a

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stipulation of dismissal is effective automatically and does not require judicial approval.”

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Santos v. Quebecor World Long Term Disability Plan, Case No. 1:08-CV-565 AWI GSA,

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2009 WL 3789214, at *1 (E.D. Cal. Nov. 10, 2009) (quotation omitted).

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Accordingly, pursuant to Rule 41(a)(1)(A)(ii), the Parties’ Joint Motion is

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GRANTED, and this entire action, including all causes of actions and claims for damages,

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is DISMISSED WITH PREJUDICE. Each party shall bear its own attorneys’ fees and

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costs.

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IT IS SO ORDERED.
DATE: January 6, 2025
_____________________________________
HON. RUTH BERMUDEZ MONTENEGRO
UNITED STATES DISTRICT JUDGE

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