Higginbotham v. Chevron Corporation ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADDISON HIGGINBOTHAM, No. 1:22-cv-00245-ADA-BAK 12 Plaintiff, ORDER GRANTING STIPULATION FOR VOLUNTARY DISMISSAL PURSUANT TO 13 v. FED. R. CIV. P. 41(a)(2) 14 CHEVRON CORPORATION, (ECF No. 10) 15 Defendant. 16 17 On November 17, 2021, Plaintiff filed a petition in Kern County Superior Court for an 18 order confirming estate ownership of assets. (ECF No. 1-1.) Defendant subsequently filed a 19 notice or removal to federal court on February 25, 2022. (ECF No. 1.) On August 22, 2022, the 20 parties filed a stipulation for voluntary dismissal pursuant to Federal Rule of Procedure 41(a)(2). 21 (ECF No. 10.) The stipulation between the parties memorializes their agreement on four matters 22 pertaining to the dismissal: 23 1. All claims asserted in the petition are to be dismissed with prejudice; 24 2. There shall be no award of attorney’s fees and/or costs to any party; 25 3. Chevron shall direct that Christopher Higginbotham’s account in the Employee 26 Savings Investment Plan (“ESIP”) shall be divided evenly and in its entirety 27 between Christopher Higginbotham’s Estate and Kim Higginbotham’s Estate; and 28 /// 1 4. Chevron will pay Christopher’s final paycheck to Christopher’s Estate and Kim’s 2 Estate in equal shares. 3 Rule 41(a)(2) states, in relevant part, 4 [A]n action may be dismissed at the plaintiff’s request only by court 5 order, on terms that the court considers proper. . . . Unless the order 6 states otherwise, a dismissal under this paragraph (2) is without 7 prejudice. 8 Trial courts have broad discretion to grant motions for voluntary dismissal under Rule 9 41(a)(2). See Hamilton v. Firestone Tire & Rubber Co., Inc., 679 F.2d 143, 145 (9th Cir. 1982). 10 Here, there is no disagreement regarding the terms and conditions of the requested dismissal. 11 Additionally, this action is still in its early stages – Defendant has yet to respond to the petition. 12 In light of these considerations, the court vacates any pending dates in this matter and directs the 13 Clerk of Court to dismiss this case with prejudice. 14 Accordingly, 15 1. The parties’ joint stipulation (ECF No. 10) is approved, and the matter is 16 dismissed with prejudice; 17 2. Pursuant to the stipulation, there shall be no award of attorney’s fees and/or costs 18 to any party; 19 3. Pursuant to the stipulation, Chevron shall direct that Christopher Higginbotham’s 20 account in the Employee Savings Investment Plan (“ESIP”) shall be divided 21 evenly and in its entirety between Christopher Higginbotham’s Estate and Kim 22 Higginbotham’s Estate; 23 4. Pursuant to the stipulation, Chevron will pay Christopher’s final paycheck to 24 Christopher’s Estate and Kim’s Estate in equal shares; and 25 /// 26 /// 27 /// 28 /// 1 5. The Clerk of Court shall terminate any pending motions and/or deadlines and close 2 this case. 3 4 5 | ITIS ORDERED. 6 Dated: _ September 23, 2022 5 UNITED fTATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28