Ino v. The Gap, Inc.

Filing 54

ORDER by Judge Vince Chhabria granting 43 Motion to Dismiss; denying 44 Motion for Judgment on the Pleadings (knm, COURT STAFF) (Filed on 9/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TIFFANY INO,

Case No. 14-cv-00292-VC

Plaintiff,
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v.

ORDER OF DISMISSAL

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THE GAP, INC.,

Re: Dkt. Nos. 43, 44

Defendant.

United States District Court
Northern District of California

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Ino's motion to voluntarily dismiss the complaint without prejudice is granted. The Gap

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will not suffer prejudice from this dismissal because it will not lose its statute of limitations

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defense. Although there is no reason to believe Ino will file her lawsuit again, if she does so,

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whether in this court or in any other, The Gap will be able to raise the defense that that time. The

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Court also declines The Gap's request to award attorneys' fees, because the amount of litigation

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involved prior to dismissal was, relatively speaking, minimal. The Gap's motion for judgment on

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the pleadings is denied as moot.
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IT IS SO ORDERED.
Dated: September 25, 2014
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VINCE CHHABRIA
United States District Judge