Nautilus Insurance Company v. Access Medical, LLC et al

Filing 50

ORDER signed by Judge Garland E. Burrell, Jr on 2/12/15 GRANTING 27 Motion for Voluntary Dismissal. This action is DISMISSED without prejudice. CASE CLOSED. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NAUTILUS INSURANCE COMPANY,

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Plaintiff,

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v.
ACCESS MEDICAL, LLC; ROBERT
CLARK WOOD, II; FLOURNOY
MANAGEMENT, LLC; TED SWITZER;
and DOES 1-10, inclusive

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Plaintiff
desire

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to

moves

voluntarily

for

dismiss

an

order

this

that

effectuates

declaratory

relief

its

action

without prejudice under Federal Rule of Civil Procedure (“Rule”)
41(a)(2).

Plaintiff argues this “dismissal . . . will not result

in plain legal prejudice to any . . . defendant[] named herein.”
(Mot. for Voluntary Dismissal 3:1-2, ECF No. 28.)

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ORDER GRANTING PLAINTIFF’S
MOTION FOR VOLUNTARY DISMISSAL
WITHOUT PREJUDICE*

Defendants.

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No. 1:14-cv-01591-GEB-BAM

A Rule 41(a)(2) motion for voluntarily dismissal “is
addressed to the district court‟s sound discretion.” Stevedoring
Serv. of Am. v. Armilla Intern. B.V., 889 F.2d 919, 921 (9th Cir.
1989).

“A district court should grant a motion for voluntary

dismissal under Rule 41(a)(2) unless a defendant can show that it
will suffer some plain legal prejudice as a result.”
Lenches, 263 F.3d 972, 975 (9th Cir. 2001).

Smith v.

“„[L]egal prejudice‟

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*

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The hearing on February 17, 2015, is vacated since this
suitable for decision without oral argument. E.D. Cal. R. 230(g).

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matter

is

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means „prejudice to some legal interest, some legal claim, some

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legal argument.‟”

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United States, 100 F.3d 94, 97 (9th Cir. 1996)).

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Id. at 976 (quoting Westlands Water Dist. v.

It has not been shown that any Defendant will suffer

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plain legal prejudice if the motion is granted.

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action is dismissed without prejudice, and the Clerk of Court

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shall close the action.

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Dated:

February 12, 2015

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Therefore, this