Edward Estrella v. Through Trucking, LLC ( 2022 )

Case 5:21-cv-00248-SP Document 88 Filed 12/16/22 Page 1 of 2 Page ID #:1236 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 EDWARD ESTRELLA, et al., ) Case No. 5:21-cv-00248-SP ) 12 Plaintiffs, ) ) ORDER GRANTING DISMISSAL 13 v. ) ) 14 THROUGH TRUCKING, LLC, ) et al., ) 15 ) Defendants. ) 16 17 On December 13, 2022, plaintiff Edward Estrella and cross-claimants 18 Knight Transportation, Inc. and Don Lois Van Meter each filed notices of 19 dismissal, stating they dismiss all claims and cross-claims in this case. Under Rule 20 41(a) of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss 21 an action, without a court order, by filing “a notice of dismissal before the 22 opposing party serves either an answer or a motion for summary judgment.” Fed. 23 R. Civ. P. 41(a)(1)(A)(i). Such dismissal is without prejudice. Fed. R. Civ. P. 24 41(a)(1)(B). If the opposing party has answered or moved for summary judgment 25 and there is no stipulation of dismissal, a plaintiff requires a court order to 26 voluntarily dismiss an action. Fed. R. Civ. P. 41(a)(2). “In ruling on a motion for 27 voluntary dismissal, the District Court must consider whether the defendant will 28 suffer some plain legal prejudice as a result of the dismissal.” Hamilton v. 1 Case 5:21-cv-00248-SP Document 88 Filed 12/16/22 Page2of2 Page ID #:1237 1 || Firestone Tire & Rubber Co., Inc., 679 F.2d 143, 145 (9th Cir. 1982). The same 2 || rule applies to dismissal of cross-claims. Fed. R. Civ. P. 41(c). 3 Defendants and cross-defendants have answered in this case. But while a 4 || stipulation for dismissal was not technically filed here, the notices of dismissal are 5 || pursuant to a settlement agreement reached at the October 14, 2022 settlement 6 || conference and subsequently finalized. Consequently, defendant and cross- 7 || defendants will not suffer any prejudice by plaintiff's and cross-claimants’ 8 || dismissal of this action, particularly since the court is dismissing this case with 9 || prejudice. 10 IT IS THEREFORE ORDERED that dismissal of this action is GRANTED, 11 || and that Judgment be entered dismissing this action in its entirety with prejudice. 12 13 || Dated: December 16, 2022 RP 14 15 United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28