Quality Professional Industries Inc. v. Sun Power Corporation et al
Filing
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ORDER Closing Case In Light of Unopposed Request to Dismiss Case with Prejudice, signed by District Judge Anthony W. Ishii on 11/3/2015. CASE CLOSED(Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARY ANN G. QUILALA, et al,
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CASE NO. 1:15-CV-1390 AWI BAM
Plaintiffs
v.
SUN POWER CORP., et al,
ORDER CLOSING CASE IN LIGHT OF
UNOPPOSED REQUEST TO DISMISS
CASE WITH PREJUDICE
Defendants
(Doc. No. 54)
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This case was transferred to this Court on September 11, 2015, from the District of Hawaii.
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On October 14, 2015, defense counsel for Defendant Matriscope Engineering and Robert Tadlock
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filed a Notice of Voluntary dismissal and Notice of Settlement. See Doc. Nos. 54, 55. The Notice
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of Dismissal is a form from the Central District of California. See Doc. No. 54. The dismissal
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form is not one that is used in the Eastern District of California, but the form is signed by both
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Plaintiffs (who are pro se) and indicates that it is a dismissal of the entire action due to a
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settlement. See id. The Notice of Settlement is signed only by counsel for Defendants Matriscope
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Engineering Laboratories and Robert Tadlock. See Doc. No. 55. Prior to the filing of these
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notices, Defendants Mortenson Construction and Tom Gunkel filed an answer. See id. at Doc.
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No. 21. Mortenson Construction and Gunkel did not sign the Notice of Dismissal, nor have they
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otherwise responded to the Notice of Dismissal or Notice of Settlement. In fact, there have been
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no filings by any party subsequent to the October 14 notices.
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Federal Rule of Civil Procedure 41(a) “allows plaintiffs voluntarily to dismiss some or all
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of their claims against some or all defendants.” Romoland Sch. Dist. v. Inland Empire Energy
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Ctr., LLC, 548 F.3d 738, 748 (9th Cir. 2008). Where a defendant has served an answer, but has
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not signed a stipulation to dismiss, a plaintiff’s voluntary dismissal must be effected through
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Federal Rule of Civil Procedure 41(a)(2). See Fed. R. Civ. Pro. 41(a); Wilson v. City of San Jose,
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111 F.3d 688, 692 (9th Cir. 1999). Rule 41(a)(2) provides in pertinent part: “Except as provided
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in Rule 41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on
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terms that the court considers proper.” Fed. R. Civ. Pro. 41(a)(2). “A district court should grant a
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motion for voluntary dismissal under Rule 41(a)(2) unless a defendant can show that it will suffer
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some plain legal prejudice as a result.” Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001).
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Here, because Defendants Mortenson Construction and Gunkel have filed an answer,
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Plaintiff cannot unilaterally dismiss their lawsuit under Rule 41(a)(1)(A)(i). See Wilson, 111 F.3d
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at 692. However, because Plaintiffs are pro se, and there appears to be a settlement, the Court will
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view the Notice of Dismissal as a request for dismissal under Rule 41(a)(2). See Greenberg v.
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Centurion Inv. Grp., 145 F.R.D. 610, 612 (S.D. Fla. 1993). So viewing the notice, dismissal is
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appropriate. The answer of Defendants Mortenson Construction and Gunkel contains no
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counterclaims, over two weeks have passed without any response from any party following the
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filing of the notices (which means the requested dismissal is essentially unopposed), and the case
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appears to be settled. Given these considerations, the Court will grant Plaintiff’s request and close
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this case. See Fed. R. Civ. Pro. 41(a)(2); Smith, 263 F.3d at 975.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Plaintiff’s Notice of Dismissal, which is construed as a request for dismissal under
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Federal Rule of Civil Procedure 41(a)(2), is GRANTED (Doc. No. 54) is
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GRANTED; and
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2.
The Clerk shall CLOSE this case.
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IT IS SO ORDERED.
Dated: November 3, 2015
SENIOR DISTRICT JUDGE
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