H. G. v. Orcutt Union School District

Opinion

Case 2:21-cv-04267-DMG-JC Document 140 Filed 12/27/22 Page 1 of 2 Page ID #:4287

JS-6

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

H.G. (a minor, by and through his CASE NO.: CV 21-4267-DMG (JCx) parents, HEATHER GRAY AND ERYN GRAY), ORDER DISMISSING PLAINTIFF’S UNRUH ACT CLAIM [138] Plaintiff, vs. DISTRICT, Defendant.

1 se 2:21-cv-04267-DMG-JC Document 140 Filed 12/27/22 Page2of2 Page ID #:4288

Having reviewed Plaintiffs notice of voluntary dismissal of his Unruh Act Claim 2! under Rule 41(a) [Doc. # 138] and Defendants’ Response [Doc. # 139], the Court hereby ; DISMISSES Plaintiff's Unruh Act Claim without prejudice. See Fed. R. Civ. P. □ 41(a)(2); see Hamilton v. Firestone Tire & Rubber Co., Inc., 679 F.2d 143, 145-46 (9th Cir. 1982) (Rule 41(a)(2) dismissals presumed to be without prejudice unless “plain legal prejudice” shown “beyond the prospect of a second lawsuit or when plaintiff merely gains some tactical advantage.”) (citation omitted). IT IS SO ORDERED. DATED: December 27, 2022 Dn f DOLLY To UNITED STATES DISTRICT JUDGE

_ PLAINTIFF'S OPPOSITION TO DEFENDANT'S APPLICATION TO THE CLERK TO TAX