Richey v. Getwellnetwork, Inc.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ERIKA KATHLEEN RICHEY, an ) Case No.: 3:20-cv-02205-BEN-BLM individual, on behalf of herself and all ) 12 others similarly situated, ) ORDER GRANTING JOINT 13 ) MOTION TO DISMISS Plaintiff, ) 14 v. ) [ECF No. 12] 15 ) GETWELLNETWORK, INC., a ) 16 foreign corporation; SEAN ) THOMPSON, an individual; and 17 ) DOES 1 through 100, inclusive, ) 18 Defendant. ) 19 20 I. INTRODUCTION 21 Plaintiff Erika Kathleen Richey (“Plaintiff”) brings this wrongful termination and 22 discrimination action against Defendants Sean Thompson, an individual; 23 GetWellNetwork, Inc., a foreign corporation (“GetWellNetwork”) (collectively, 24 “Defendants”); and Does 1 through 100. ECF No. 1. Before the Court is the Joint Motion 25 of Plaintiff and Defendants (collectively, the “Parties”) to Dismiss the Entire Action 26 pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure (“Rule 41(a)(2)”). ECF 27 No. 12. After considering the papers submitted, supporting documentation, and 28 applicable law, the Court GRANTS the Joint Motion. BACKGROUND 2 The background of this case was detailed in Richey v. GetWellNetwork, Inc., No. 3 ||320CV02205BENBLM, 2021 WL 424281, at *1-2 (S.D. Cal. Feb. 8, 2021). Most 4 ||recently, on February 8, 2021, the Parties filed the instant Joint Motion, stipulating to (1) 5 || the voluntary dismissal with prejudice of all of Plaintiff's individual claims for relief and 6 each party bearing that party’s own attorneys’ fees and costs. ECF No. 12 at 1-5. 7 LEGAL STANDARD g Where a plaintiff does not proceed by filing a notice or stipulation of dismissal, 9 || pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, “an action may be 10 || dismissed at the plaintiff's request only by court order, on terms that the court considers 11 || proper.” FED. R. Civ. P. 41(a)(2); see also Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 12 || 2001) (providing that a “district court should grant a motion for voluntary dismissal under 13 || Rule 41(a)(2) unless a defendant can show that it will suffer some plain legal prejudice as 14 result”); Hamilton v. Firestone Tire & Rubber Co., 679 F.2d 143, 145 (9th Cir. 1982) 15 || (moting that “plain legal prejudice does not result merely because the defendant will be 16 ||inconvenienced by having to defend in another forum or where a plaintiff would gain a 17 tactical advantage by that dismissal”). A dismissal under Rule 41(a)(2) by court order is 1g || without prejudice “[u]nless the order states otherwise.” 19 ORDER 20 Pursuant to Rule 41(a)(2), the Parties jointly move to dismiss this enter action with 91 ||prejudice. Having read and considered the Joint Motion submitted by Plaintiff and 49, || Defendants, and good cause appearing, the Joint Motion is GRANTED as follows: 73 1. Plaintiff's claims against Defendants are dismissed in their entirety as to all 94 claims for relief with prejudice pursuant to Rule 41(a)(2). 95 2. Each party is to bear its own costs, fees, and expenses. %6 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED.

5g || DATED: March 3, 2021 A HON. ROGER T. BENIT 2. United States District Judge