Capon

MEMORANDUM *

Christopher R. Greenwell (“Greenwell”) appeals the district court’s order granting the request of Daniel Capon (“Capon”) to voluntarily dismiss his complaint without prejudice and denying as moot the deten *401 dants’ motion to compel arbitration. Greenwell argues that the district court was not free to dismiss the complaint without prejudice because a motion to compel had already been filed. We disagree and affirm the district court’s order. Because the parties are familiar with the record, we recite only the facts necessary to explain our decision.

Rule 41(a)(2) gives broad discretion to the district court to determine the appropriate terms and conditions for dismissal:

Fed.R.Civ.P. 41(a)(2).

In making its decision, the district court must consider whether the defendant will suffer legal prejudice as a result of the dismissal. See Smith v. Lenches, 263 F.3d 972, 975 (9th Cir.2001). This court reviews for abuse of discretion the district court’s decision to grant voluntary dismissal. Id.

Greenwell’s assertions of legal prejudice lack merit. See id. at 976 (“plain legal prejudice does not result merely because the defendant will be inconvenienced by having to…