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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ALEXANDER STERN, 9 Plaintiff, 11 For the Northern District of California United States District Court 10 v. LAW SCHOOL ADMISSION COUNCIL, INC., No. C-12-5052 EMC ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS WITHOUT PREJUDICE (Docket No. 23) 12 13 Defendant. ___________________________________/ 14 15 16 Plaintiff Alexander Stern has filed a motion to voluntarily dismiss this action without 17 prejudice pursuant to Fed. R. Civ. P. 41(a)(2). See Docket No 23. After an opposing party has filed 18 its answer, as Defendant Law School Admission Council (“LSAC”) has done in this case, see 19 Docket No. 4, an action may be dismissed under Rule 41(a)(2) “at the plaintiff’s request only by 20 court order, on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). “Rule 41(a)(2) 21 permits a plaintiff, with the approval of the court, to dismiss an action without prejudice at any 22 time.” Stevedoring Services of Am. v. Armilla Int’l B.V., 889 F.2d 919, 921 (9th Cir. 1989). “A 23 district court should grant a motion for voluntary dismissal under Rule 41(a)(2) unless a defendant 24 can show that it will suffer some plain legal prejudice as a result.” Smith v. Lenches, 263 F.3d 972, 25 975 (9th Cir. 2001) (citations omitted). LSAC responded to Plaintiff’s motion by filing a statement 26 of non-opposition. See Docket No. 24. Defendant neither claims that it would suffer prejudice were 27 Plaintiff’s motion to be granted, nor does it request the Court to attach any conditions to the 28 dismissal. Because this action is still in its infancy, and because no prejudice will result, the Court 1 hereby GRANTS Plaintiff’s motion, and DISMISSES this case without prejudice. Plaintiff’s 2 Motion for Partial Judgment on the Pleadings (Docket No. 16) is DENIED as moot. The Clerk is 3 directed to close the file in this matter. 4 This order disposes of Docket Nos. 16 and 23. 5 6 IT IS SO ORDERED. 7 8 Dated: March 7, 2013 9 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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