Jordan v. Wonderful Citrus Packing LLC ( 2019 )

1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4! JAMES K. JORDAN, CASE NO. 1:18-CV-00401-A WI-SAB 5 Plaintiff, ORDER GRANTING DEFENDANT’S 6 v. MOTION TO VOLUNTARILY DISMISS COUNTERCLAIMS 7 | WONDERFUL CITRUS PACKING LLC, 3 a California limited liability company, (Doc. No. 42) Defendant. 9 10 Defendant Wonderful Citrus Packing LLC (“Wonderful Citrus”) filed several 11 |counterclaims against Plaintiff James Jordan (“Jordan”). See Doc. No. 13. Now Wonderful 12 | Citrus moves pursuant to Rule 41(a)(2) to voluntarily dismiss with prejudice all of its 13 |counterclaims. See Doc. No. 42. Jordan filed a response to Wonderful Citrus’ motion, stating that 14 |he “does not entirely oppose the dismissal of Wonderful Citrus’s Counter-Claim provided that 15 |such dismissal is done by this Court with prejudice.” Doc. No. 47. Jordan did not argue that he 16 | would suffer a plain legal prejudice if Wonderful Citrus’ counterclaims were dismissed. Cf. Smith 17 |v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001) (“A district court should grant a motion for 18 | voluntary dismissal under Rule 41(a)(2) unless a defendant can show that it will suffer some plain 19 prejudice as a result.”). 20 Accordingly, IT IS HEREBY ORDERED that Wonderful Citrus’ motion to voluntarily 21 dismiss its counterclaims (Doc. No. 42) is GRANTED and the counterclaims are dismissed with 22 | prejudice. 23 IT IS SO ORDERED. , 25 Dated: _ August 30, 2019 Z Cb □□ _-SENIOR DISTRICT JUDGE 26 27 28