Julia Byfield and Gary Marx v. International Business MacHines Corporation

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Julia BYFIELD and Gary Marx, Plaintiffs-Appellees, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellant. No. 92-16789. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1994. * Decided May 12, 1994. 1 Before: ALARCON, FERNANDEZ, Circuit Judges, and HILL, ** District Judge. 2 MEMORANDUM *** 3 International Business Machines Corporation ("IBM") appeals from the district court's dismissal of this action without prejudice. IBM contends that the district court abused its discretion because the plaintiffs sought the dismissal to regain their previously waived right to a jury trial. 4 A motion for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2) is addressed to the sound discretion of the district court, and this Court will only reverse for an abuse of discretion. Bell v. City of Kellogg, 922 F.2d 1418, 1421 (9th Cir.1991). A district court should grant a motion for…