Mauzy v. Mauzy

Opinion

MATT MAUZY, Case No.: 3:25-cv-00344-CAB-BLM

Plaintiff, ORDER DENYING MOTION TO v. MODIFY DISMISSAL

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