Stern v. Law School Admission Council, Inc.

Filing 25

ORDER by Judge Edward M. Chen Granting 23 Plaintiff's Motion to Dismiss Without Prejudice. (emcsec, COURT STAFF) (Filed on 3/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEXANDER STERN,

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Plaintiff,

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For the Northern District of California

United States District Court

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v.
LAW SCHOOL ADMISSION COUNCIL,
INC.,

No. C-12-5052 EMC
ORDER GRANTING PLAINTIFF’S
MOTION TO DISMISS WITHOUT
PREJUDICE
(Docket No. 23)

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Defendant.
___________________________________/

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Plaintiff Alexander Stern has filed a motion to voluntarily dismiss this action without

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prejudice pursuant to Fed. R. Civ. P. 41(a)(2). See Docket No 23. After an opposing party has filed

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its answer, as Defendant Law School Admission Council (“LSAC”) has done in this case, see

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Docket No. 4, an action may be dismissed under Rule 41(a)(2) “at the plaintiff’s request only by

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court order, on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). “Rule 41(a)(2)

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permits a plaintiff, with the approval of the court, to dismiss an action without prejudice at any

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time.” Stevedoring Services of Am. v. Armilla Int’l B.V., 889 F.2d 919, 921 (9th Cir. 1989). “A

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

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can show that it will suffer some plain legal prejudice as a result.” Smith v. Lenches, 263 F.3d 972,

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975 (9th Cir. 2001) (citations omitted). LSAC responded to Plaintiff’s motion by filing a statement

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of non-opposition. See Docket No. 24. Defendant neither claims that it would suffer prejudice were

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Plaintiff’s motion to be granted, nor does it request the Court to attach any conditions to the

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dismissal. Because this action is still in its infancy, and because no prejudice will result, the Court

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hereby GRANTS Plaintiff’s motion, and DISMISSES this case without prejudice. Plaintiff’s

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Motion for Partial Judgment on the Pleadings (Docket No. 16) is DENIED as moot. The Clerk is

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directed to close the file in this matter.

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This order disposes of Docket Nos. 16 and 23.

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IT IS SO ORDERED.

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Dated: March 7, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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