Rodney v. Sandoval et al

Filing 26

ORDER - Plaintiff Kyle Rodney's Motion to Dismiss Without Prejudice (ECF No. 24 ) is granted. Defendants' Motion for Leave to File Confidential Documents Under Seal (ECF No. 18 ) is granted. Defendants' Motion for Summary Judgment (ECF No. 17 ) is denied as moot. The Clerk of Court is directed to close this case. Signed by Judge Miranda M. Du on 9/27/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KYLE RODNEY,

Case No. 3:16-cv-00305-MMD-WGC
Plaintiff,

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v.

ORDER

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BRIAN SANDOVAL, et al.,
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Defendants.
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Before the Court is Plaintiff Kyle Rodney’s Motion to Dismiss Without Prejudice.

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(ECF No. 24.) Plaintiff may seek dismissal of this action pursuant to Fed. R. Civ. P.

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41(a)(2) if the opposing party has already served an answer. Rule 41(a)(2) provides “an

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action may be dismissed at the plaintiff's request only by court order, on terms that the

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court considers proper.” The decision to grant or deny a request pursuant to Rule

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41(a)(2) is within the sound discretion of the trial court and is reviewed only for abuse of

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discretion. Sams v. Beech Aircraft Corp., 625 F.2d 273, 277 (9th Cir. 1980). Dismissal

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pursuant to Rule 41(a)(2) should be granted unless the defendant can show that it will

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suffer some clear legal prejudice as a result. Smith v. Lenches, 263 F.3d 972, 975 (9th

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Cir. 2001). Defendants Non-Opposition to Plaintiff’s Motion to Dismiss was filed on

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September, 25, 2017 (ECF No. 25). The Court is therefore satisfied that good cause

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appears to dismiss this suit.

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It is therefore hereby ordered that Plaintiff Kyle Rodney’s Motion to Dismiss
Without Prejudice (ECF No. 24) is granted.

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It is further ordered that Defendants’ Motion for Leave to File Confidential

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Documents Under Seal in Support of Defendants’ Motion for Summary Judgment (ECF

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No. 18) is granted.

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It is further ordered that Defendants’ Motion for Summary Judgment (ECF No. 17)
is denied as moot.

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The Clerk of Court is directed to close this case.

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DATED THIS 27th day of September 2017.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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