Dallas Buyers Club, LLC v. DOE-174.65.2.54

Filing 33

ORDER Dismissing Action. Signed by Magistrate Judge David H. Bartick on 4/28/2016. (knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 15cv1615-BAS (DHB)

DALLAS BUYERS CLUB, LLC, a Texas
limited liability company,
Plaintiff,

ORDER DISMISSING ACTION

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v.
ILANA SIGNER,
Defendant.

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On April 27, 2016, Plaintiff filed a Notice of Voluntary Dismissal under Federal

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Rule of Civil Procedure 41(a)(2).1 (ECF No. 32.) Because Defendant has filed an answer,

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Plaintiff cannot dismiss this action through a Notice of Voluntary Dismissal.

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Fed.R.Civ.P. 41(a)(2). Therefore, the Court construes Plaintiff’s Notice as an Ex Parte

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Motion for Dismissal.

See

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Federal Rule of Civil Procedure 41(a)(2) provides that after an answer or motion for

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summary judgment has been filed, “an action may be dismissed at the plaintiff’s request

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

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Plaintiff’s Notice states “Plaintiff voluntarily dismisses this matter under FRCP 41(2).” (ECF No. 32
(emphasis added.) The Court presumes Plaintiff meant to refer to Rule 41(a)(2).
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15cv1615-BAS (DHB)

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When ruling on a request for dismissal under Rule 41(a)(2), court must determine “(1)

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whether to allow dismissal; (2) whether the dismissal should be with or without prejudice;

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and (3) what terms and conditions, if any, should be imposed.” Williams v. Peralta

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Community College Dist., 227 F.R.D. 538, 539 (N.D. Cal. 2005).

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Here, the Court has considered the filings and the record in this case, including the

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parties’ representation that they have reached a settlement of this action (ECF No. 28), and

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finds dismissal is appropriate. The Court does not find it necessary to impose any

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additional terms or conditions. Accordingly, IT IS HEREBY ORDERED that this action

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is DISMISSED WITH PREJUDICE. The Clerk is directed to close this case.

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IT IS SO ORDERED.
Dated: April 28, 2016
_________________________
DAVID H. BARTICK
United States Magistrate Judge

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15cv1615-BAS (DHB)