Hooper v. Winters et al

Filing 47

ORDER: Granting Motion to Dismiss defendants Cascade Management, Inc. and Mary Rosas 44 , without prejudice and without costs imposed on any party. Ordered & Signed on 3/23/11 by Judge Owen M. Panner. (kf)

Hooper v. Winters et al
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Doc. 47
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. IN THE lThUTED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION DENNIS RUSSELL HOOPER, Plaintiff, v. MICHAEL WINTERS; et al., Defendants. Civil No. lO-3065-CL ORDER

PANNER, District Judge: Plaintiff has filed a Motion for Dismissal of Defendants Cascade Management, Inc. and Mary Rosas (#44). Defendants do not oppose the motion.

DISCUSSION
After a defendant has served an answer or motion for summary judgment, an action may be dismissed voluntarily at plaintiffs request only by order of the court and "on terms that the court considers proper." Fed. R. Civ. P. 41(a)(2). In the Ninth Circuit, "Although costs and attorney fees are often imposed upon a plaintiff who is granted a voluntary dismissal under Fed.R.Civ.P. 41(a)(2), no circuit court has held that payment of the defendant's costs and attorney fees is a prerequisite to an order granting voluntary dismissal." Stevedoring Servs. of Am. v.

Dockets.Justia.com

Armilla Int'l B.V., 889 F.2d 919,921 (9 th Cir. 1989) (and cases cited); Puerto Rico Maritime Shipping Auth. v. Leith, 668 F.2d 46,51 (lst Cir. 1981) (cited with approval by Stevedoring Services) [district court did not abuse its discretion in granting voluntary dismissal without imposing costs and attorney's fees]; see 9 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2366 (3d ed. 2008). The court finds that, in the circumstances, this action should be dismissed without prejudice and without costs imposed.

ORDER
For the foregoing reasons, Plaintiffs Motion for Dismissal of Defendants Cascade Management, Inc. and Mary Rosas (#44) is granted; this action is dismissed as to Defendants Cascade Management, Inc. and Mary Rosas without prejudice and without costs imposed on any party. DATED this

:2---? day of March, 2011.

UNITED STATES DISTRICT JUDGE

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2 - Order