BSD, Inc et al v. Equilon Enterprises, LLC et al

Filing 56

ORDER by Judge ARMSTRONG denying 30 Motion to Dismiss; granting 42 Motion to Dismiss (lrc, COURT STAFF) (Filed on 9/13/2011)

1
2

UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4

OAKLAND DIVISION

5
6 BSD, INC., a California corporation, 21st

Case No: C 10-5223 SBA

CENTURY GROUP, INC., a California
7 corporation; and YOUSTINE, INC., a
California corporation,

ORDER

8

Dkt. 30, 42
Plaintiff,

9

vs.
10

EQUILON ENTERPRISES, LLC, a
11 Delaware Limited Liability Corporation,

ANABI OIL CORPORATION, a California
12 corporation and DOES 1 through 100,

Inclusive,
13

Defendants.
14
15
16

The parties are presently before the Court on Plaintiffs’ Motion for an Order

17

Dismissing Defendant Anabi Oil Corporation, Only Without Prejudice, pursuant to Federal

18

Rule of Civil Procedure 41(a)(2), and Defendant Anabi Oil Corporation’s Motion to

19

Dismiss the Complaint or in the Alternative for Summary Judgment. Dkt. 30, 42. The sole

20

issue presented is whether the dismissal of Anabi Oil Corporation (“Anabi”) should be with

21

or without prejudice.

22

“[T]he decision to grant a voluntary dismissal under Rule 41(a)(2) is addressed to

23

the sound discretion of the District Court . . . .” Kern Oil Refining Co. v. Tenneco Oil Co.,

24

792 F.2d 1380, 1390 (9th Cir. 1986). However, the “broad grant” of such discretion “does

25

not contain a preference for one kind of dismissal or another.” Hargis v. Foster, 312 F.3d

26

404, 412 (9th Cir. 2002). Here, the Court has considered the arguments presented by the

27

parties and finds, in its discretion, that dismissal without prejudice is appropriate under the

28

circumstances presented. In addition, the Court denies Anabi’s request to condition its

1

dismissal without prejudice on the payment of its attorney’s fees and costs. See Metro. Life

2

Ins. Co. v. Baythavong, C-00-4697 VRW, 2002 WL 826838, *1 (N.D. Cal. 2002 April 22,

3

2002) (refusing to impose fees and costs on plaintiff in light of dismissal at the early stages

4

of litigation where no discovery has been conducted). Accordingly,

5

IT IS HEREBY ORDERED THAT:

6

1.

7

Plaintiffs’ motion to dismiss is GRANTED and the action as to Defendant

Anabi is DISMISSED without prejudice. Anabi’s motion to dismiss is DENIED as moot.

8

2.

9

IT IS SO ORDERED.

10

This Order terminates Docket 30 and 42.

Dated: September 12, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-