The Board of Trustees for the Cement Masons Health & Welfare Trust Fund for Northern California v. Tinoco et al

Filing 14

NOTICE REGARDING REQUEST FOR DISMISSAL WITH PREJUDICE. Signed by Judge Alsup on October 23, 2012. (whalc1, COURT STAFF) (Filed on 10/23/2012)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
9

11

BOARD OF TRUSTEES FOR THE
CEMENT MASONS HEALTH AND
WELFARE TRUST FUND FOR
NORTHERN CALIFORNIA,

12

Plaintiff,

For the Northern District of California

United States District Court

10

13

No. C 12-03206 WHA

NOTICE REGARDING
REQUEST FOR DISMISSAL
WITH PREJUDICE

v.

14

JOSE TINOCO, an individual; LETICIA
MEDINA, an individual,

15

Defendants.
/

16
17

Last month, plaintiff filed a request for voluntary dismissal without prejudice. That

18

request was granted. Although plaintiff’s filing was not captioned as a Rule 41(a)(1) dismissal,

19

it had that effect because it was made prior to an answer or a motion for summary judgment. See

20

Commercial Space Management Co., Inc. v. Boeing Co., Inc., 193 F.3d 1074, 1076 (9th Cir.

21

1999). Now, plaintiff requests a dismissal with prejudice. This request, however, cannot be

22

granted because plaintiff’s Rule 41(a)(1) dismissal terminated jurisdiction and this Court cannot

23

alter “the terms and conditions of the dismissal.” Ibid.

24
25
26
27
28

Dated: October 23, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE