Mauzy v. Mauzy

Opinion

1 2 3 4 5 6 7 10 11 MATT MAUZY, Case No.: 3:25-cv-00344-CAB-BLM

12 Plaintiff, ORDER DENYING MOTION TO 13 v. MODIFY DISMISSAL

14 JENNIFER MAUZY, and DOES 1–10, [Doc. No. 11] 15 Defendants. 16 17 On July 21, 2025, Defendant Jennifer Mauzy filed a motion seeking the Court to 18 modify its previous dismissal of Plaintiff’s case from without prejudice to with prejudice. 19 [Doc. No. 11.] The Court initially dismissed Plaintiff’s complaint with leave to amend 20 because it may have been saved by amendment. [Doc. No. 7]; see Eminence Cap., LLC v. 21 Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (“Dismissal with prejudice and without 22 leave to amend is not appropriate unless it is clear . . . that the complaint could not be saved 23 by amendment.”). After Plaintiff did not amend by the deadline, Defendant filed a motion 24 to dismiss for failure to prosecute and Plaintiff filed a notice of voluntary dismissal without 25 prejudice. [Doc. Nos. 8, 9.] The Court subsequently dismissed the case without prejudice 26 on July 15, 2025. [Doc. No. 10.] 27 On July 29, 2025, the Court granted in part Defendant’s motion to modify the 28 dismissal and dismissed Plaintiff’s federal claims with prejudice. [Doc. No. 12.] Now, the 1 || Court, on its own motion, hereby withdraws that order. See Fid. Fed. Bank, FSB v. Durga 2 || Ma Corp., 387 F.3d 1021, 1024 (9th Cir. 2004) (“The district court has discretion to correct 3 ||a judgment for mistake or inadvertence, either on the part of counsel or the court itself.”’). 4 || Federal Rule of Civil Procedure 41(a)(1)(A)() “allows a plaintiff to unilaterally voluntarily 5 || dismiss, so long as it does so before an answer or a motion for summary judgment.” Aetna 6 v. Gilead Scis., Inc., 599 F. Supp. 3d 913, 918 (N.D. Cal. 2022). That dismissal is 7 || without prejudice unless the notice of voluntary dismissal states otherwise. See id.; Fed. 8 ||R. Civ. P. 41(a)(1)(B). Plaintiff filed a notice of voluntary dismissal without prejudice 9 || pursuant to Rule 41(a)(1)(A)(@) before Defendant filed an answer or a motion for summary 10 ||/judgment. [Doc. No. 9.] Accordingly, the Court DENIES Defendant’s motion to modify 11 Court’s dismissal order. The case is dismissed without prejudice. 12 Itis SO ORDERED. 13 14 Dated: August 12, 2025 (GB 15 Hon. Cathy Ann Bencivengo 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28