Novalk, LLC v. City of Imperial, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 13 NOVALK, LLC, Case No. 25-cv-02307-BAS-LR
Plaintiff,
ORDER:
v. (1) GRANTING PLAINTIFF’S CITY OF IMPERIAL, et. al, MOTION TO DISMISS (ECF No. 12); Defendants. AND
19 (2) VACATING DEFENDANT’S
MOTION TO DISMISS AS MOOT
21 (ECF No. 9)
23 Before the court is a motion to dismiss the action without prejudice filed by Plaintiff Novalk, LLC (“Plaintiff”) pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(2). (ECF No. 12.) “Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff’s request only by court order, on terms that the court considers proper.” Fed. R. Civ. P. 41(a)(2). “The Ninth Circuit has long held that the decision to grant a voluntary dismissal under Rule 41(a)(2) is addressed to the sound discretion of the [d]istrict [c]ourt[.]” Hamilton v. Firestone Tire & Rubber Co., 679 F.2d 143, 145 (9th Cir. 1982). “A district court should grant a motion for…