The following excerpt is from Moore v. Avtar S. Manjal Dba Cent. Food Mart, No. 1:14-cv-1148---GSA (E.D. Cal. 2014):
Rule 41 thus allows the parties to dismiss an action voluntarily, either by filing a notice of voluntary dismissal prior to the filing of an answer, or after service of an answer, by filing a written stipulation to dismiss signed by all of the parties who have appeared, although an oral stipulation in open court will also suffice. See Eitel v. McCool, 782 F.2d 1470, 1472-73 (9th Cir. 1986).
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