Pete's Seats, Inc. v. Pete's Sports and Entertainment, LLC, et al.

Filing 88

ORDER GRANTING 78 Defendants' Motion for Voluntary Dismissal; ORDER DIRECTING THE CLERK TO CLOSE THE CASE, signed by Magistrate Judge Jennifer L. Thurston on 10/17/2016. Defendants' counterclaims are DISMISSED without prejudice. CASE CLOSED. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PETE’S SEATS, INC.,
Plaintiffs,

12
13
14
15

v.
PETE’S SPORTS AND
ENTERTAINMENT, LLC, et al.
Defendants.

16
17

AND RELATED COUNTER-CLAIMS

18
19

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-0777 - JLT
ORDER GRANTING DEFENDANTS’ MOTION
FOR VOLUNTARY DISMISSAL
(Doc. 78)
ORDER DIRECTING THE CLERK OF COURT TO
CLOSE THE CASE

Defendants and Counterplaintiffs Pete’s Sports and Entertainment, LLC and Henry Peter

20

Weseloh seek to voluntarily dismiss their counterclaims without prejudice, pursuant to Rule 41(a)(2)

21

of the Federal Rules of Civil Procedure. (Doc. 78)

22

A district court should grant a motion for voluntary dismissal under Rule 41(a)(2) unless an

23

opposing party can shows “some plain legal prejudice.” Waller v. Fin. Corp. of Am., 828 F.2d 579,

24

583 (9th Cir. 1987); see also Hamilton v. Firestone Tire & Rubber Co., 679 F.2d 143, 145-46 (9th Cir.

25

1982). “Legal prejudice” includes “prejudice to some legal interest, some legal claim, some legal

26

argument.” Westlands Water Dist. v. United States, 100 F.3d 94, 97 (9th Cir. 1996). Here, Plaintiff

27

did not respond to the motion for dismissal, and it does not appear that Plaintiff would suffer any

28

prejudice as a result of the dismissal.
1

1

Based upon the foregoing, IT IS HEREBY ORDERED:

2

1.

Defendants’ motion to dismiss their counterclaims against Plaintiff (Doc. 78) is
GRANTED;

3
4

2.

Defendants’ counterclaims are DISMISSED without prejudice; and

5

3.

The Clerk of Court is DIRECTED to close this matter, as this Order terminates the
action in its entirety.

6
7
8
9
10

IT IS SO ORDERED.
Dated:

October 17, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2