Mission Gathering Christian Church v. City of San Diego ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MISSION GATHERING CHRISTIAN Case No.: 19cv1967 JM (KSC) CHURCH, 12 Plaintiff, 13 ORDER ON NOTICE OF v. VOLUNTARY DISMISSAL WITH 14 PREJUDICE CITY OF SAN DIEGO, 15 Defendant. 16 17 18 19 Plaintiff Mission Gathering Christian Church (“Plaintiff”) requests that the court 20 dismiss the entirety of its Complaint with prejudice. (Doc. No. 21.) Plaintiff styles the 21 request as one brought under Federal Rule of Civil Procedure 41(a)(1)(A)(i), under which 22 a plaintiff may file a notice of dismissal with the court before the defendant serves an 23 answer or motion for summary judgment, whichever comes first. See Wilson v. City of San 24 Jose, 111 F.3d 688, 692 (9th Cir. 1997) (“Once the defendant serves an answer or a motion 25 for summary judgment . . . . the plaintiff may no longer voluntarily dismiss under Rule 26 41(a)(1), but must file a motion for voluntary dismissal under Rule 41(a)(2).”). The court 27 will nonetheless interpret the request to dismiss as one brought under Rule 41(a)(2). The 28 1 |}request is GRANTED. The case is DISMISSED with prejudice. The Clerk of the Court 2 ||is directed close the case. 3 IT IS SO ORDERED. 4 || DATED: April 1, 2021 hte “i: iol, _ 5 J | T. ILLER ited States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28