Mission Gathering Christian Church v. City of San Diego et al
Filing
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ORDER on Notice of Voluntary Dismissal with Prejudice. Case is dismissed with prejudice. Signed by Judge Jeffrey T. Miller on 4/1/21.(jmo)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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MISSION GATHERING CHRISTIAN
CHURCH,
Case No.: 19cv1967 JM (KSC)
Plaintiff,
ORDER ON NOTICE OF
VOLUNTARY DISMISSAL WITH
PREJUDICE
v.
CITY OF SAN DIEGO,
Defendant.
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Plaintiff Mission Gathering Christian Church (“Plaintiff”) requests that the court
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dismiss the entirety of its Complaint with prejudice. (Doc. No. 21.) Plaintiff styles the
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request as one brought under Federal Rule of Civil Procedure 41(a)(1)(A)(i), under which
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a plaintiff may file a notice of dismissal with the court before the defendant serves an
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answer or motion for summary judgment, whichever comes first. See Wilson v. City of San
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Jose, 111 F.3d 688, 692 (9th Cir. 1997) (“Once the defendant serves an answer or a motion
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for summary judgment . . . . the plaintiff may no longer voluntarily dismiss under Rule
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41(a)(1), but must file a motion for voluntary dismissal under Rule 41(a)(2).”). The court
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will nonetheless interpret the request to dismiss as one brought under Rule 41(a)(2). The
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19cv1967 JM (KSC)
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request is GRANTED. The case is DISMISSED with prejudice. The Clerk of the Court
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is directed close the case.
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IT IS SO ORDERED.
DATED: April 1, 2021
JEFFREY T. MILLER
United States District Judge
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19cv1967 JM (KSC)
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